Petitioner sought writ to quash registration of a 1993 settlement deed affecting his land. Court held that without establishing title, petitioner cannot seek direction for legal action. Writ petition dismissed on preliminary grounds.
Petitioner's prayer for direction to take legal action against respondents is dismissed. No costs.
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W.P(MD)No.25098 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.25098 of 2024 and W.M.P.(MD)No.21347 of 2024
Selvam
... Petitioner
Vs.
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14.Irulandi 15.Karuppan 16.Ottakkaran
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1, 2 and 8 to take necessary legal action against the respondents 7, 9 to 11 and 14 to 16 for their illegal registration of the settlement deed as Doc.No.480/1993, dated 25.06.1993 registered at Sub Registrar Office, Keelarajakularaman for the petitioner's family land bearing Survey No.351/2 to an extent of 29 cents
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situated at Korukkampatti Revenue Village, Vembakottai Taluk, Virudhunagar District.
For Petitioner : Mr.R.Murugappan For R1 to R6 : Mr.A.Kannan, Additional Government Pleader For R7 : Mr.V.M.Prakash, Government Advocate
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.The petitioner seeks a direction to the respondents 1, 2 and 8 to take necessary legal action against the respondents 7, 9 to 11, 14 to 16 for their illegal registration of the settlement deed dated 25.06.1993 in Doc.No. 480/1993, registered at Sub Registrar Office, Keelarajakularaman in respect of his family land bearing Survey No.351/2 to an extent of 29 cents situated at Korukkampatti Revenue Village, Vembakottai Taluk, Virudhunagar District.
3.At the outset, this Court is of the view that what the petitioner could not achieve before the civil Court, is trying to achieve before this Court. The alleged document had been executed in the year 1993. Now, the petitioner https://www.mhc.tn.gov.in/judis 3/6
W.P(MD)No.25098 of 2024
claims title based on the joint patta. Unless he establishes his title, as a matter
of right he cannot seek for a direction to take necessary action. In such view of the matter, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
23.10.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
Yuva
To
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W.P(MD)No.25098 of 2024
6.The Assistant Director (Panchayat), Collctorate Campus, Virudhunagar, Virudhunagar District.
W.P(MD)No.25098 of 2024
N.SATHISH KUMAR, J
Yuva
W.P(MD)No.25098 of 2024
23.10.2024
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1 issue framed by the court
Whether a Writ Petition to quash registration of a settlement deed can succeed where the petitioner failed to establish title in civil court.
1 provisions across 1 enactments
Selvam
The District Collector
The Superintendent of Police
The Inspector of Police
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
