The Madurai Bench dismissed this writ petition challenging the fraudulent registration of a deed of exchange, holding that with a pending civil suit in the District Munsif Court, the registrar cannot parallelly conduct an enquiry and the court found no merits in the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.2550 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.2550 of 2021
N.Sermadurai ... Petitioner
Vs.
4.Mahasemam Trust Registrar No. 150/1999, Represented by its President, Dr.N.Sethuraman
5.S.Gurushankar
...Respondents
PRAYER:
W.P.(MD)No.2550 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd Respondent to conduct enquiry on Petitioner’s compliant dated 22.06.2019 regarding fraudulent registration of deed of exchange without any right and restore the land in the name of the trust.
For Petitioner : Mr.K.Ramasamy For R-1 to R-3 : Ms.D.Farjana Ghoushia, Special Government Pleader For R-4 : Mr.S.Ramesh
O R D E R
This Writ Petition has been filed for the issue of writ of mandamus directing the second respondent to conduct the enquiry based on the complaint given by the petitioner on 22.06.2019 regarding the fraudulent registration of the documents.
well as the learned Special Government Pleader appearing for respondent Nos. 1 to 3 and learned counsel appearing for the fourth respondent.
W.P.(MD)No.2550 of 2021
11.10.2023
NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalai Puram, Chennai - 600028.
W.P.(MD)No.2550 of 2021
tsg
N.ANAND VENKATESH, J.
W .P.(MD)No.2550 of 2021
11.10.2023
3 issues framed by the court
Whether the High Court can direct the district registrar to conduct an enquiry while a civil suit regarding the same deed of exchange is pending.
Whether the execution of a deed of exchange by a trust is subject to enquiry by the registration authority when a civil dispute exists.
Whether a writ petition for mandamus to restore land in the name of a trust has merits given the pendency of a civil suit.
N. Sermadurai
The Inspector General of Registration
The District Registrar Madurai North Combined Registration Office
The Sub-Registrar Othakadai
Mahasemam Trust
S. Gurushankar
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
