Disposed

Muthupandi v. The Deputy Inspector General of Registration

Madras HC21 Dec 2023WP(MD)/12629/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition challenging an order characterizing a document as fraudulent. The Court did not interfere with the impugned order but directed the civil court to decide the pending suit on merits.

What did the court decide?

Writ Petition disposed; no interference with impugned order; civil court directed to decide suit on merits within 12 months.

Muthupandi Vs The Deputy Inspector General of Registration — Property and Title | Madras HC (2023)

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W.P.(MD)No.12629 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :21.12.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.12629 of 2023

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and

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W.M.P.(MD) Nos.10660 and 24947 of 2023

Muthupandi

... Petitioner

Vs.

1.The Deputy Inspector General of Registration, Registration Department, Tirunelveli District, Tirunelveli.

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2.The District Registrar, Tenkasi District, Tenkasi.

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3.V.S.Velayutham

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... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No.522/Thabi/2022, dated 12.05.2022 and quash the same.

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

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For Petitioner : Mr.C.Iyyapparaj For R1 & R2 : Mr.V.Nirmal Kumar Government Advocate For R3 : Mr.N.Dilip Kumar

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W.P.(MD)No.12629 of 2023

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O R D E R

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Heard both sides.

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2.Vide proceedings dated 12.05.2022, the first respondent had characterized

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Doc.No.744/2015 on the file of the Sub Registrar Office, Sankarankovil, as fraudulent. Challenging the same, the writ petition came to be filed.

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3.It is seen that in respect of the property covered by the said document, O.S.No.65 of 2022 is pending before the District Munsif Court, (*)Sankarankovil . The learned District Munsif, Sankarankovil is directed to dispose of the said suit on merits and in accordance with law uninfluenced by the findings set out in the impugned proceeding within a period of twelve months from the date of receipt of a copy of this order. I make this observation, because no finding of an Administrative Authority can bind the civil Court, which has to decide the issue independently on the strength of the evidence adduced before it.

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

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W.P.(MD)No.12629 of 2023

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4.With this observation, the Writ Petition is disposed of. I make it clear that

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I have not interfered with the impugned order. No costs. Consequently, connected Miscellaneous Petitions are closed.

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Sd/-

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Assistant Registrar(Records)

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(*)Corrected as per the order of this Court dated 16.02.2024 in WP(MD) No.12629 of 2023.

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Sd/-

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Assistant Registrar(Records)

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// True Copy //

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/03/2024 Sub Assistant Registrar (CS-I/ II / III /IV)

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To be Substituted to the order already despatched on 31.01.2024.

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The District Munsif, Sankarankovil

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2.The Deputy Inspector General of Registration, Registration Department,

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Tirunelveli District,

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Tirunelveli.

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3.The District Registrar,

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Tenkasi District, Tenkasi.

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+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-58257[F] dated 22/12/2023 )

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

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3/4

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W.P.(MD)No.12629 of 2023

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+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-5595[F] dated 19/02/2024 )

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W.P.(MD)No.12629 of 2023 21.12.2023

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SSA/11.01.2024 4P 5C

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SSA/18.03.2024 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

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Muthupandi v. The Deputy Inspector General of Registration

Case brief

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Muthupandi v. The Deputy Inspector General of Registration

Case brief

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