Disposed

Karuppasamy.M v. the District Registrar

Madras HC4 Oct 2023WP(MD)/758/2022

Case brief

AI extract

What is this about?

This Court disposed of a writ petition filed by M. Karuppasamy pursuant to a direction issued on 02.06.2022 wherein the District Registrar was directed to commence an inquiry into a disputed gift deed under Section 83 of the Tamil Nadu Registration Act 1908.

What did the court decide?

The Writ Petition was disposed of without costs following the submission that the mandatory inquiry had commenced and a final order was pending.

Karuppasamy.M Vs the District Registrar — Property and Title | Madras HC (2023)

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W.P(MD)No.758 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.10.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.758 of 2022 and W.M.P.(MD)No.599 of 2022

M.Karuppasamy

... Petitioner

Vs.

1.The District Registrar, District Registration Office, Tenkasi District.

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2.The Sub-Registrar, O/o the Sankarankovil Sub Registrar, Tenkasi District.

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3.Mariyappan

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4.Pandiya Rajan ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st Respondent to consider the Petitioner's Representation dated 04.08.2021 and to take appropriate action under Section 83 of the Tamil Nadu Registration Act 1908 within a stipulated time may be fixed by this Court.

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

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1/4

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W.P(MD)No.758 of 2022

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For Petitioner : Mr.M.Saravanakumar

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For Respondents : Mr.M.Prakash Additional Government Pleader for R1 & R2

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: Mr.V.Muthuvelan for R3 & R4

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ORDER

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Heard both sides.

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When the writ petition was listed for admission on 20.01.2022, the following order was passed:-

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“The writ petition has been filed in the nature of Writ of Mandamus questioning a particular encumbrance created by the third respondent in favour of the fourth respondent. The said encumbrance was a gift deed.

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It is claimed by Mr.M.Saravanakumar, learned counsel for the petitioner that the petitioner has title over the schedule property, and in this connection has also produced an encumbrance showing the name of the petitioner as one of the purchasers of the property. It is also stated that a communication had been issued to the first respondent to conduct an enquiry pursuant to a representation made by the petitioner herein.

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Mr.N.Satheeshkumar, learned Additional Government Pleader takes notice for the first and second respondents.

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4.Issue notice to the third and fourth respondents through Court and also privately returnable by 14.02.2022.

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In the meanwhile, the first respondent is to commence the enquiry. Let the first respondent commence the enquiry by following the principles of natural justice, by issuing notice not only to the petitioner

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

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2/4

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W.P(MD)No.758 of 2022

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but also to the third and fourth respondents. If the enquiry had commenced, the learned Additional Government Pleader or the learned counsel for the petitioner may inform the same in the next hearing date.”

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Pursuant to the direction given by this Court, enquiry was conducted on 02.06.2022.

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It is stated by the learned Additional Government Pleader that final order will be passed within four weeks. I make it clear that I have not gone into the merits of the matter.

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Recording the said submission, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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04.10.2023 Index : Yes / No Internet : Yes/ No rmi

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1.The District Registrar, District Registration Office, Tenkasi District.

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2.The Sub-Registrar, O/o the Sankarankovil Sub Registrar, Tenkasi District.

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3/4

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

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W.P(MD)No.758 of 2022

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G.R.SWAMINATHAN, J.

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rmi

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W.P(MD)No.758 of 2022

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04.10.2023

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https://www.mhc.tn.gov.in/judis 4/4

Karuppasamy.M v. the District Registrar

Case brief

What is this about?

What did the court decide?

Karuppasamy.M v. the District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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