Disposed

M.Balasundaram v. The District Registrar

Madras HC1 Jun 2023WP/15301/2023

Case brief

AI extract

What is this about?

Petitioner sought to quash a 2017 sale deed via writ petition. Court held writ jurisdiction is not appropriate to adjudicate disputed property issues or evidence. Courts must not quash registered deeds; remedies lie with competent civil authorities or forums under the Registration Act. Petition dismissed.

What did the court decide?

Writ petition disposed of; petitioner at liberty to approach competent authority or Civil Court.

M.Balasundaram Vs The District Registrar — Property and Title | Madras HC (2023)

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W.P.No.15301 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.06.2023

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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W.P.No.15301 of 2023

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and W.M.P.No.14789 of 2023

M.Balasundaram

... Petitioner

Vs.

The District Registrar, District Registrar office, Thiruvallur, Thiruvallur District.

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The Sub Registrar, Manavalanagar Sub-Registrar office, Thiruvallur Taluk, Thiruvallur District.

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E. Selvam

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...Respondents

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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the impugned sale deed bearing document No.499 of 2018 dated 14.09.2017 on the file of the 2nd Respondent Sub Registrar, registered in favour of 3rd respondent and quash the same and consequently forbear the 2nd Respondent from entertaining any further document for registration in respect of the property comprised in S.No.344/1B1B measuring to an extent 1200 Sq.ft. house site in that

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https://www.mhc.tn.gov.in/judis

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W.P.No.15301 of 2023

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constructed house building situated at Manavalanagar, Thiruvallur Taluk, Thiruvallur District, within a specific period as fixed by this Honble Court.

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For Petitioner : Mr.S.Kumar Sankar For Respondents : (for R1 & R2) : Mr.G.Krishna Raja, AGP

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O R D E R

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The relief sought for in the present writ petition is to quash the impugned sale deed bearing document no.499 of 2018 dated 14.09.2017. The sale deed registered in the year 2017 is sought to be quashed in the year 2023 in the present writ petition.

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2.If at all, the petitioner is of an opinion that the sale deed is fraudulently registered or otherwise, he has to approach the competent authority, under the provisions of the Registration Act, for its cancellation or otherwise. Alternatively, the petitioner can approach the competent Civil Court of law for the purpose of redressal of his grievances. Contrarily writ Court cannot adjudicate the disputed issues in respect of the property issues. Such an elaborate adjudication cannot be undertaken in a writ proceeding and it is to be done with reference to the documents and evidence before the competent authorities or the Civil forum.

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https://www.mhc.tn.gov.in/judis

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W.P.No.15301 of 2023

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3.This being the principles to be followed, the writ petition filed is not entertainable and the petitioner is at liberty to approach the competent authority or the Civil Court of law as the case may be for the purpose of redressal of his grievances.

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4.Accordingly, the writ petition stands disposed of . No costs.

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Consequently, connected miscellaneous petition is closed.

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(sha) 01.06.2023 Index : Yes (2/2) Speaking Order Neutral Citation : Yes

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The District Registrar, District Registrar office, Thiruvallur, Thiruvallur District.

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The Sub Registrar, Manavalanagar Sub-Registrar office, Thiruvallur Taluk, Thiruvallur District.

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https://www.mhc.tn.gov.in/judis

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W.P.No.15301 of 2023

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S.M.SUBRAMANIAM. J.,

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(sha)

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W.P.No.15301 of 2023 and W.M.P.No.14789 of 2023

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01.06.2023 (2/2)

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https://www.mhc.tn.gov.in/judis

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M.Balasundaram v. The District Registrar

Case brief

What is this about?

What did the court decide?

M.Balasundaram v. The District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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