The High Court dismissed writ petitions challenging the Sub Registrar's actions regarding property documents. The petitioners had previously failed in a writ petition to retain title, and the property had been sold in a court auction to the second respondent. The court dismissed the petitions due to suppression of material facts.
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.Nos.14212 & 19421 of 2024
IN THE HIG H COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.Nos.14212 & 19421 of 2024
& WMP.No.15406 of 2024
S.Shyamala .. Petitioner in W.P.No.14212
of 2024
S.Sarparajan
.. Petitioner in W.P.No.19421 of 2024
Versus
The Sub Registrar, Registration Department, Panruti, Cuddalore District. .. Respondent in W.P.No.19421 of 2024
Prayer W.P.No.14214 of 2024 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to pass orders on the petitioner representation dated 25.4.2024 for not to register any document to the Property situated in S.No. 269-1D, 269-2C, 2761, 276-2, 277-1, 277-2, 278 situated in Tiruvathy Village, Panruti Taluk, Cuddalore District by providing opportunity of hearing to petitioner and the https://www.mhc.tn.gov.in/judis second respondent within a time frame.
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Prayer W.P.No.19421 of 2024 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent consider petitioner representation dated 08.06.2024 to register Settlement deed dated 06.06.2024 on payment of registration charges.
For Petitioner : Mr.A.Reegan Ujakar [in both WPs]
For Respondents : Mr.B.Vijay
Additional Government Pleader – R1 in W.P.No.14212 of 2024 & for respondent in W.P.No.19421 of 2024
Mr.P.Kannan Kumar for R2 in W.P.No.14212 of 2024
ORDER
The Writ Petition in W.P.No.14212 of 2024 has been filed to consider
the representation of the petitioner dated 26.04.2024 to not to register any document with respect to the property of the petitioner without providing an opportunity of hearing to the petitioner and the second respondent.
the respondent to consider the representation of the petitioner dated 08.06.2024 to register the settlement deed dated 06.06.2024 on payment of registration charges.
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WP.Nos.14212 & 19421 of 2024
Government Pleader appearing for the first respondent in W.P.No.14212 of 2024 & the respondent in W.P.No.19421 of 2024 and the learned counsel for the second respondent in W.P.No.14212 of 2024 and perused the materials available on record.
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W.P.No.14212 of 20204 wants to settle the property in favour of her son, viz., the petitioner in W.P.No.19421 of 2024, the present Writ Petitions have been filed.
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dated 09.02.2022, has dismissed the above Writ Petition. This fact has not been disclosed in the present Writ Petitions. That apart, as far as the sale in public auction and registration of the sale certificate are concerned, the same are not in dispute. In such view of the matter, the petitioners have no right over the property as the title has already been passed to the third party by operation of law in a Court auction and the petitioners cannot seek aforesaid directions to the revenue authorities. As the writ petitioners have suppressed material facts, these Writ Petitions are deserved to be dismissed by imposing heavy cost. However, considering the request made by the learned counsel for the petitioners, this Court restrain itself from imposing heavy cost.
Consequently, connected miscellaneous petition is closed.
01.08.2024
vrc
Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No
To,
The Sub Registrar, Registration Department, Panruti, Cuddalore District.
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WP.Nos.14212 & 19421 of 2024
N. SATHISH KUMAR, J.
vrc
W.P.Nos.14212 & 19421 of 2024
01.08.2024
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1 issue framed by the court
Whether the petitioners, having suppressed material facts regarding prior adverse litigation and auction sale, are entitled to directions against the Sub Registrar to refuse or approve registration of
1 provisions across 1 enactments
S. Shyamala
S. Sarparajan
The Sub Registrar, Registration Department, Panruti, Cuddalore District
T. Sethuraman
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
