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Madras High Court

N.Rajalakshmi vs / on 14 November, 2024

                                                                          W.P.(MD) No.15177 of 2017

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 14.11.2024

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                            W.P.(MD) No.15177 of 2017
                                                      and
                                           W.M.P.(MD) No.11993 of 2017

                 N.Rajalakshmi                                  ... Petitioner

                                                        /vs./


                 1.The District Registrar (Administration),
                   Madurai (South),
                   Madurai.

                 2.The Joint Sub Registrar,
                   Madurai (South),
                   Madurai.

                 3.S.P.Meenal

                 4.Manchula

                 5.SP.V.Kasirajan

                 6.Janaki                                       ... Respondents




                 1/4

https://www.mhc.tn.gov.in/judis
                                                                                  W.P.(MD) No.15177 of 2017

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Certiorari, to call for the records of the impugned order No.
                 1057/A2/2017 dated 21.07.2017 passed by the 1st respondent and quash the same
                 as illegal.

                                  For Petitioner     : Mr.M.Kannan
                                  For R1 & R2        : Mr.M.Sarangan
                                                           Additional Government Pleader
                                  For R5             : Mr.M.Solaisamy
                                  For R6             : No appearance


                                                          ORDER

The challenge in the writ petition is a notice issued by the first respondent herein calling upon the petitioner to participate in the enquiry with regard to the document registered based upon the complaint received from the private respondents.

2. The request made by the fifth respondent to the first respondent is to cancel the sale deed pursuant to Circular 67 dated 03.11.2011. Circular 67 had already been held to be an invalid circular. Further, this Court had already held that the Registering Authority does not have the power to go into the rights of the parties to convey the property.

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.15177 of 2017

3. In such event, I am of the view that the impugned order cannot be sustained and is accordingly set aside. In fine, the Writ Petition stands allowed.

However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 

                 Index : Yes / No                                              14.11.2024
                 Internet : Yes / No
                 mm

                 To

1.The District Registrar (Administration), Madurai (South), Madurai.

2.The Joint Sub Registrar, Madurai (South), Madurai.

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.15177 of 2017 K.KUMARESH BABU, J.

mm W.P.(MD) No.15177 of 2017 14.11.2024 4/4 https://www.mhc.tn.gov.in/judis