Dismissed

Balamurugan v. the State of Tamilnadu

Madras HC9 Aug 2024WP(MD)/4053/2022

Case brief

AI extract

What is this about?

The petition sought a writ of certiorari and mandamus to quash a sale deed and delete entries from the encumbrance certificate. The Court held that registration authorities lack power to decide title, directing the petitioner to file a civil suit instead.

What did the court decide?

Petitioner directed to file a suit before the competent civil court; writ petition dismissed without costs.

Balamurugan Vs the State of Tamilnadu — Property and Title | Madras HC (2024)

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W.P(MD).No.4053 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.08.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P(MD).No.4053 of 2022

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and W.M.P(MD).Nos.3471 and 3472 of 2022

Balamurugan

... Petitioner

Vs.,

1.The State of Tamil Nadu, Rep., by the District Registrar, Tirunelveli Registration District, Tirunelveli.

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2.The Sub Registrar, Sub Registrar Office, Kazhugumalai, Thoothukudi District.

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3.Mahalakshmi

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4.Shamugasundaram

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5.Lakshmi ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamusm to call for the entire records pertaining to the impugned sale deed in Doc No.809/2004 dated 26.04.2004 registered by the second respondent and quash the same as illegal and consequently direct the second respondent to delete all the entries pertaining to impugned sale deed in Doc No.809/2004 dated 26.04.2004 from the encumbrances certificate.

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1/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD).No.4053 of 2022

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For Petitioner : Mr.PM.Vishnuvarthanan

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For Respondents : Mr.M.Siddarthan (For R1 & R2)

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ORDER

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This writ petition has been filed to quash the impugned sale deed in Doc No.809/2004 dated 26.04.2004 registered by the second respondent with consequential direction to the second respondent to delete all the entries pertaining to impugned sale deed in Doc No.809/2004 dated 26.04.2004 from the encumbrances certificate.

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It is the grievance of the petitioner that the third respondent executed the sale deed dated 26.04.2004 including the share of the petitioner. Hence, the petitioner seeks to cancel the document.

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At the outset, this Court is of the view that the Sub-Registrar has no power to go into the issue to decide the title. This aspect has been elaborately dealt by this Court in W.P.No.29706 of 2022 [G.Rajasulochana Vs. Inspector General of Registration and others]. Further, the Hon'ble Supreme Court in the

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case of Satya Pal Anand v. State of M.P., reported in (2016) 10 SCC 767.

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2/4 https://www.mhc.tn.gov.in/judis

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W.P(MD).No.4053 of 2022

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In view of above judgment, it is for the petitioner to file a suit before

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the appropriate competent civil Court to establish his right and not before the District Registrar.

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With the aforesaid liberty to the petitioner, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

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09.08.2024

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NCC : Yes/No Index : Yes/No Rmk

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1.The District Registrar, Tirunelveli Registration District, Tirunelveli.

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2.The Sub Registrar, Sub Registrar Office, Kazhugumalai, Thoothukudi District.

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3/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD).No.4053 of 2022

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N.SATHISH KUMAR, J.

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Rmk

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W.P(MD).No.4053 of 2022

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09.08.2024

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4/4 https://www.mhc.tn.gov.in/judis

Balamurugan v. the State of Tamilnadu

Case brief

What is this about?

What did the court decide?

Balamurugan v. the State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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