Petitioner challenged registration authorities' refusal to cancel a release deed executed by respondents 4-6 over his property, citing a pending title suit. Since O.S.No.102 of 2003 was dismissed and an appeal suit is pending, the court held nothing survived in the writ petition and dismissed it.
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W.P.No.12433 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2024
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
Writ Petition No.12433 of 2019 and W.M.P.Nos.12715 & 12716 of 2019
M.Ponnurangam ... Petitioner
Vs.
… Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the proceedings bearing No.40713/U1/2018 dated 07.01.2019 issued by the first respondent and proceedings bearing
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No.691/Aa3/2018 dated 23.08.2018 issued by the second respondent and quash the same and further issue direction to the respondents 1 & 2 to take necessary action against the respondents 4-6 in accordance with the letter
bearing No.41530/U1/2017, dated 08.11.2017 issued by the first respondent.
For Petitioners : Mr.A.Prabhakaran
For Respondents 1 to 3 : Mr.M.Shahjahan, Special Government Pleader
For Respondents 4 to 6 : Mr.K.S.Arumugam
O R D E R
The petitioner has filed this petition to call for the records pertaining to the proceedings bearing No.40713/U1/2018 dated 07.01.2019 issued by the first respondent and proceedings bearing No.691/Aa3/2018 dated 23.08.2018 issued by the second respondent and quash the same and further issue direction to the respondents 1 & 2 to take necessary action against the respondents 4-6 in accordance with the letter bearing No.41530/U1/2017, dated 08.11.2017 issued by the first respondent.
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Chengalpattu Taluk, Kancheepuram District, which was registered as Doc.No.3808/68. This being so, one Mr.C.Ponnurangam, brother in law of the petitioner, with an malafide intention created a Chitta and Adangal by incorporating his initial “C”. Thus, the petitioner has filed Civil Suit in O.S.No.102/2003 to protect his title over the said property and the same was pending adjudication. Subsequently, the said C.Ponnurangam died intestate, leaving behind his legal heirs viz., the respondents 4 to 6. Notwithstanding the pendency of the said civil suit, the respondents 4 to 6 have executed a registered sale deed dated 10.11.2017 vide Doc.No.11050 of 2017. Immediately thereafter, the respondents 4 to 6 obtained a patta under the guise of fradulent release deed.
2.1. In order to take action against the respondents 4 to 6, the petitioner has filed a complaint before the respondents 1 to 3, in the light of circular issued by the first respondent in letter No.41530/U1/2017 dated 08.11.2017. In regard to the same, an enquiry proceeding was issued by the second respondent in Na.Ka.No.691/A3/2018, dated 10.04.2018, but the same was no concluded. Hence, the petitioner has filed a writ petition in W.P.No.14250 of 2018 before this Court to direct the second respondent to conclude the Page No.3 of 9
W.P.No.12433 of 2019
aforesaid enquiry proceeding, which was ordered on 14.06.2018 with a direction to the respondents therein to conclude the same within a period of four weeks from the date of receipt of a copy of the order.
2.2. On receipt of the said order, the second respondent vide proceeding No.691/Aa3/2018 dated 23.08.2018, rejected the petitioner's complaint stating that the respondents 4 to 6 have right over the subject matter property by virtue of the revenue documents and further held that the Civil Suit in O.S.No.102 of 2003 is pending adjudication before the Court below. Challenging the said proceeding dated 23.08.2018, the petitioner has preferred an appeal before the first respondent. After issuing notice to the respondents 4 to 6, the first respondent issued the proceeding bearing No.40713/U1/2018 dated 07.01.2019 by confirming the proceeding of the second respondent dated 23.08.2018. Aggrieved over these proceedings, the petitioner has come forward with the present writ petition.
made a complaint before the respondents 1 to 3 to cancel the release deed executed by the respondents 3 to 4, however, citing the pending Civil Suit in O.S.No.102 of 2003 on the file of the District Munsif Court, Chengalpet, the Page No.4 of 9
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second respondent has rejected the said complaint vide proceeding No.691/Aa3/2018 dated 23.08.2018 and the same was confirmed by the appellate authority/first respondent vide proceeding No.40713?U1/2018, dated 07.01.2019.
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W.P.No.12433 of 2019
“
tUtha; gjpntLfspy; nkw;go rh;nt vz;Df;F vjph;kDjhuuhd jpU/r/bghd;Du';f ehaf;fh; j-bg re;jpunrfud; vd;gthpd; bgahpy; Fwpg;gplg;gl;Ls;sJ vd;gJk;. mDgt ghj;jpaj;ij jpU/r/bghd;Du';f ehaf;fUf;F cs;sJ vd;gJk; tprhuizapd; K:yk; mwpa KofpwJ/ tUtha;Jiw Mjhu';fspd; mog;gilapy; Mtzg;gjpt[ 11050-2017 nkw;bfhs;sg;gl;l epiyapy; rhh;gjpthshpd; kPJ eltof;if vLf;f vt;tpj Kfhe;jpuk; ,y;iy/ nkYk; kDjhuh; kw;Wk; vjph;kDjhuhpilna ,r;brhj;J bjhlh;ghf ePz;l fhykhf rr;rut[ ePoj;J tUtJ O.S.No. 102-2003 thj ciuapd; K:yk; bjhpa tUfpwJ/ ,t;tHf;F chpik rhh;e;j tHf;fhf cs;s epiyapy; khtl;lg;gjpthsUf;F tH';fg;gl;l 68(2)d; fPHhd mjpfhu tuk;gpw;Fl;glhj epiyapYk;. Thf;F blhlh;ghf br';fy;gl;L tkhl;l chpikapay; ePjpkd;wj;jpy; mry; tHf;F vz;/ O.S.No.102-2003 bjhlug;gl;L epYitpay; ,Ue;J tUtjhYk; ePjpkd;wk; K:yk; jPh;tpid bgw;Wf;bfhs;SkhWk; Mizaplg;gl;Ls;sJ/ tHf;F bjhlh;ghf br';fy;gl;L khtl;l chpikapay; ePjpkd;wj;jpy; mry; tHf;F vz;/ O.S.No. 1022003 bjhlug;gl;L mt;tHf;fhdJ epYitapy; ,Ue;J tUk; epiyapy; khtl;lg;gjpthsh; mth;fspd; Miz ,jd; K:yk; cWjp bra;J Miz gpwg;gpf;fg;gLfpwJ/”
an appeal suit in A.S.No.5 of 2021 and it is pending before the Sub-Court,
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W.P.No.12433 of 2019
Chengalpet, in the event of the petitioner succeeding in the Appeal Suit, an application may be submitted by him before the authorities for cancellation of the said release deed.
dismissed, nothing survives in the writ petition for further adjudication.
Consequently, connected miscellaneous petitions are also closed.
01.07.2024
vm Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No
To:
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3.Joint Sub-Registrar-II, Chengalpattu.
J.SATHYA NARAYANA PRASAD,J.
vm
W.P.No.12433 of 2019
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01.07.2024
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2 issues framed by the court
Whether the registration authorities' refusal to act on the complaint regarding the release deed should be quashed given the pending civil suit over title.
Whether the writ petition survives after the civil suit O.S.No.102 of 2003 was dismissed and an appeal suit is pending.
1 provisions across 1 enactments
M.Ponnurangam
Inspector General of Registration, Santhome High Road, Chennai – 600 028
District Registrar (Administration), Chengalpattu
Joint Sub-Registrar-II, Chengalpattu
V.Amsaveni
P.Ambika
J.Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
