Petitioners sought mandamus to cancel a sale deed said to be executed under a cancelled power of attorney and to mutate records in their favour. The Court held the matter involved disputed questions of fact requiring evidence before a civil court and dismissed the writ petition, leaving petitioners free to pursue civil remedies.
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W.P.No.1402 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.1402 of 2022
1.R.Ajesh Ram
2.R.Matheshram (Minor) rep by his legal guardian S.Selvaraj
... Petitioners vs
The District Registrar Kamaraj Salai, Sakthi Nagar, Saram, Puducherry – 605 013.
2.The Sub Registrar (Neravy & TR Pattinam) Neravy Salai, T.R.Pattinam Karaikal, Puducherry – 609606. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents to cancel the sale deed registered as Document No.110 of 2012 at Neravy Sub Registrar's Office in view of the order dated 14.05.2012 passed by the District Registrar, Puducherry in Appeal No.1 of 2012 and (b)mutate the records by adding Mr.Ajesh Ram and Maathesh Ram as the owners of the properties under 9 items specified in the Sale Deed Registered as Doc.No.110 of 2012 at Neravy Sub Registrar's office within the time frame as may be fixed by this Court.
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W.P.No.1402 of 2022
For Petitioners : Mr.S.Sridharan For Respondents : Mr.Ramasamy Meyyappan, GA (Pondy)
O R D E R
The grievance of the petitioner is that though the power of attorney
executed by the grand mother of the petitioners was cancelled, based on which the document was came to be executed in favour of the third parties.
has to be established before the appropriate Civil Court. The Writ Court cannot go in the disputed facts.
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W.P.No.1402 of 2022
be looked into based on evidence before civil court. The petitioners is at
liberty to work out their remedy before the appropriate Civil Court.
12.07.2024
Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No
tsh
To The District Registrar Kamaraj Salai, Sakthi Nagar, Saram, Puducherry – 605 013.
2.The Sub Registrar (Neravy & TR Pattinam) Neravy Salai, T.R.Pattinam Karaikal, Puducherry – 609606.
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W.P.No.1402 of 2022
N.SATHISH KUMAR, J.
tsh
W.P.No.1402 of 2022
12.07.2024
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1 issue framed by the court
Whether a writ court can direct cancellation of a sale deed and mutation where the validity of a cancelled power of attorney involves disputed facts.
1 provisions across 1 enactments
R.Ajesh Ram
R.Matheshram (Minor) rep by his legal guardian S.Selvaraj
The District Registrar, Kamaraj Salai, Sakthi Nagar, Saram, Puducherry
The Sub Registrar (Neravy & TR Pattinam), Neravy Salai, T.R.Pattinam Karaikal, Puducherry
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
