Sumith Srimal v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10/09/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR Sumith Srimal ... Petitioner Vs

1. The Sub Registrar, Thoothukudi, Thoothukudi District..

2. Kasirajan,, S/o.Mariappan, No.2, Melamaruthur, Ottapidaram Taluk, Tuticorin District..

3. Paul .A, S/o. Athisiyamani, No.2d, Perumalpuram C Colony Palayamkottai, Tirunelveli..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to receive the cancellation deed dated 27.11.2023 executed by the petitioner and submitted for registration under Temporary No. 1/4

TP/1657676558/2023 dated 27.11.2023 and also register the same. For Petitioner : Mr.Selva Aditya for Mr.G.Prabhu Rajadurai, For Respondent : Mr.M.Siddharthan for R1 Additional Government Pleader No appearance for R2 & R3

ORDER

The writ petition has been filed for a mandamus directing the 1st respondent to receive the cancellation deed dated 27.11.2023 executed by the petitioner and submitted for registration under Temporary No. TP/1657676558/2023 dated 27.11.2023 and also register the same.

2. It is the case of the petitioner that the third respondent sold the property as power agent of one Selvakumar and one Perumal in the year 2008 in favour of the petitioner. Now the 2nd respondent has given a complaint claiming that he is the owner of the property. On realizing the said facts, now the petitioner wants to cancel the sale deed executed by the third respondent. When the document was presented, though temporary token has been generated, the same has not been registered. Hence, the petitioner is before this Court.

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3. The learned Additional Government Pleader would submit that the petitioner has not presented any such document nor appear before the 1st respondent.

4. I have considered the rival submissions and perused the materials available on record.

5. As the petitioner being the beneficiary of the document, he wants to cancel the document along with the third respondent. In such view of the matter, the petitioner shall present the document for cancellation along with the third respondent. On such presentation, the same shall be registered within a period of one week.

6. The writ petition is disposed of with the above direction. No costs.

10.09.2024 RR TO

1. The Sub Registrar, Thoothukudi, Thoothukudi District..

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N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.29114 of 2023 Date : 10/09/2024 4/4