Writ petition challenging an order declaring registered sale documents invalid. High Court termed the matter for trial court as substantive suit was pending, keeping administrative proceedings in abeyance subject to civil court decision.
Writ petition allowed. Impugned order kept in abeyance pending disposal of pending civil suit.
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.
WP(MD)No.839 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.12.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.839 of 2021 and W.M.P(MD)Nos.702 and 703 of 2021
Seyed Nazeer Ibrahim ...Petitioner
/Vs./
2.The Sub-Registrar, Sub Registrar Office, Keelakarai, Keelakarai Taluk, Ramanathapuram District
3.Mariyam Thaha ...Respondents
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining the impugned order in Na.Ka.No.555/Aa1/2018 dated Nil.11.2018 signed on 29.11.2018 on the file of the 1st respondent and quash the same.
For Petitioner : Mr.J.M.Hassanul Bazari For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 : Mr.J.Barathan
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ORDER
This Writ Petition has been filed challenging the impugned order passed by the 1st respondent through the proceedings in Na.Ka.No. 555/Aa1/2018 dated Nil.11.2018 signed on 29.11.2018 whereby the documents registered as document Nos.455/2009, 105/2010 and 3502/2012 were declared as invalid and further action was directed to be taken under Sections 82 and 83 of the Registration Act.
Additional Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the 3rd respondent.
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one Pullani with respect to 74 cents out of 1.48 acres. The said Dharmaraj sold an extent of 70 ¼ cents in favour of the petitioner through a registered sale deed dated 28.09.2012 registered as document No.3502 of 2012.
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eye of law and consequentially to declare the title of the 3rd respondent over the subject property and also to restrain the defendants from making any further encumbrance. This suit was filed during the pendency of the proceedings before the District Registrar. The same was not taken into consideration by the District Registrar. The District Registrar has proceeded to pass the impugned order by declaring the documents as invalid.
WP(MD)No.839 of 2021
Ramanathapuram. The trial court shall proceed further with the case independently and shall pass final judgment and decree within a period of six months from the date of receipt of a copy of this order. The order passed by the 1st respondent through the proceedings dated 29.11.2018 shall be subject to the final result in the civil proceedings.
8 . In the result, this Writ Petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.
19.12.2023
NCC : Yes/No Internet :Yes/No Index :Yes/No CM
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To,
2.The Sub-Registrar, Sub Registrar Office, Keelakarai, Keelakarai Taluk, Ramanathapuram District
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N.ANAND VENKATESH, J.
CM
Order made in W.P.(MD)No.839 of 2021 and W.M.P(MD)Nos.702 and 703 of 2021
Dated: 19.12.2023
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2 issues framed by the court
Whether a writ petition challenging an order declaring registered documents invalid should be disposed of when a substantive suit on the same subject matter is already pending.
Whether the trial court in the pending suit should remain bound by the administrative order challenging the validity of the registered documents.
2 provisions across 2 enactments
Seyed Nazeer Ibrahim
District Registrar, Ramanathapuram
Sub-Registrar, Keelakarai
Mariyam Thaha
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
