Petitioner filed a writ petition seeking a direction to public respondents to revoke a sale deed executed by private respondents. The Court held that power to revoke lies only with the executing parties, and the petitioner's remedy is a Civil Suit, leading to the dismissal of the petition.
None; petitioner directed to file a Civil Suit.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.09.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.17343 of 2013 and M.P. No.1 of 2013
S. Kaliya Perumal
...Petitioner
v.
1. The District Registrar,
Thiruvallur District,
Thiruvallur.
2. The Sub Registrar,
Sub Registrar Office,
Mannargudi – 614 001.
3. Dr. Sumt. Sujatha Elizabeth Prasad
4. The Branch Manager,
ICICI Bank, Mannargudi Branch,
Mannargudi – 614 001.
5. T.G. Sivakumar
6. P. Kalaiselvan ...Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents 1 and 2 to revoke the sale deed dated 22.6.2012 registered as Document No.2466 of 2012 on the file of the 2nd respondent executed by the 5th respondent in favour of the 6th respondent as being illegal. For Petitioner : Mr.Sathish for Mr. R. Prabhakaran For Respondents : Mr.P.P. Purushothaman Govt. Advocate - for R1 & R2 Mr.T.Srinivasa Raghavan– for R3 Mr. K. Moorthy – for R4 Mrs. K. Sumathy – for R5 No Appearance – for R6
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondents 1 and 2 to revoke the sale deed dated 22.6.2012 registered as Document No.2466 of 2012 on the file of the 2nd respondent executed by the 5th respondent in favour of the 6th respondent as being illegal.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1. The District Registrar,
Thiruvallur District, Thiruvallur.
2. The Sub Registrar,
Sub Registrar Office,
Mannargudi – 614 001.
+2cc to M/s.K.Sumathi, Advocate in Sr.31457
+1cc to the Govenment Pleader in Sr.31499
W.P.No.17343 of 2013 and M.P. No.1 of 2013
VSN-II(CO) RV(12.10.2020)
2 issues framed by the court
Whether a writ of mandamus can be issued to the District Registrar and Sub Registrar to revoke a private person's sale deed.
What remedy is open to a petitioner seeking cancellation of a sale deed registered by private respondents.
S. Kaliya Perumal
The District Registrar, Thiruvallur District, Thiruvallur
The Sub Registrar, Sub Registrar Office, Mannargudi
Dr. Sumt. Sujatha Elizabeth Prasad
The Branch Manager, ICICI Bank, Mannargudi Branch
T.G. Sivakumar
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
