The petitioner sought to cancel a sale deed alleging discrepancy in land extent. The Court held that such matters are private disputes requiring substantive legal questions, not administrative cancellation. The petition was dismissed.
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W.P. No.8060 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.8060 of 2021
R.Muruganandham
... Petitioner
Vs
... Respondents
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W.P. No.8060 of 2021
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to initiate necessary action on the basis of letter No.44589/C-1/2019 dated 31.10.2020 issued by the 1st respondent relating to sale deed No.2064/2019 on the file of 4th respondent.
For Petitioner : Mr.S.Ramkumar
For Respondents : Mr.B.Vijay, AGP for R1 to R4
O R D E R
This writ petition has been filed for a direction to the 2nd respondent to initiate necessary action on the basis of letter No.44589/C-1/2019 dated 31.10.2020 issued by the 1st respondent relating to sale deed No.2064/2019 on the file of the 4th respondent.
2. It is the main grievance of the writ petitioner that the petitioner has purchased an extent of 1263 sq.ft. The vendor of the 5th respondent had a right for 414.5 sq.ft. only. However, the 5th respondent had obtained a sale deed for
an extent of 774 sq.ft. While purchasing the said extent, he has also purchased
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W.P. No.8060 of 2021
certain extent of odai poramboke land. Hence according to the petitioner, action to be initiated and the document has to be cancelled.
3. Allegations in the very representation itself indicate that it is only a private dispute between the parties. Therefore, when the document has already been registered as per law, any such document should be cancelled only based on a substantive question of law and not based on the allegations put before the Sub Registrar. Hence, I do not find any merit in the writ petition. Accordingly, the same is liable to be dismissed.
4. In fine, the writ petition is dismissed. However, there is no order as to
costs.
08.07.2024 Index : Yes / No Neutral Citation : Yes / No Asr
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W.P. No.8060 of 2021
To
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W.P. No.8060 of 2021
N.SATHISH KUMAR, J.
Asr
W.P. No.8060 of 2021
08.07.2024
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1 issue framed by the court
Whether a writ court can cancel a registered sale deed based on allegations of private dispute regarding land extent?
R. Muruganandham
The Inspector General of Registration No.100, Santhome Salai Mylapore, Chennai - 600 004
The District Registrar Salem Collectorate Campus Salem
The Tahsildar Taluk Officer Asthampatti
The Joint Sub Registrar, No.1 Collectorate Office Salem
Mrs. Vijaya Sarathy
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
