High Court · 2025

W.P.Nos. 28103 & 39056 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21.02.2025CORAMTHE HONOURABLE Mr.JUSTICE N. ANAND VENKATESHW.P.Nos. 28103 & 39056 of 2024 AND W.M.P.Nos.42297 of 2024W.P.No. 28103 of 2024 Vinoth Kumar.. PetitionerVs1.The District CollectorPerambalur District, Perambalur2.The Sub-CollectorPerambalur District, Perambalur3.The TahsildarPerambalur District, Perambalur4.The Deputy TahsildarPerambalur District, Perambalur5.Sulochana6.Vana Rani @ Rani1/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 7.Jayanthi8.Jayakumar9.Seethalakshmi.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the 2nd respondent in g.K.m2/1803/2024 dated 12.09.2024 and quash the same and for a direction to the respondents 1 to 4 not to mutate the revenue records pertaining to the property situated at S.No.388/2B in Perambalur District and Taluk, Elambalur Village till the pending disposal of the suit in O.S.No.48 of 2024 on the file of the Principal District Court, Perambalur.For Petitioner : Mr.P.William ClintonFor RR1 to 4: Mr.M.R.Gokul Krishnan Additional Government PleaderW.P.No.3 9056 of 2024 K.Jayanthi.. PetitionerVsThe Sub Registrar Joint-IPerambalur, Perambalur District.. Respondent2/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of refusal check slip in RFL/No.1 Joint Sub-Registrar, Perambalur/334/2024 dated 25.11.2024 on the file of the respondent and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to register the power of attorney document dated 25.11.2024 presented by the petitioner along with her sisters, within a stipulated period fixed by this Court and for other consequential orders.For Petitioner : Mr.M.MurugananthamFor Respondent: Mr.M.R.Gokul Krishnan Additional Government PleaderCOMMON ORDERThe issue involved in both the writ petitions are interconnected, both these writ petitions are heard together and disposed of through this common order.2. W.P.No.28103 of 2024 has been filed challenging the proceedings of the 2nd respondent dated 12.09.2024 and for a consequential direction to the 3/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 respondents 1 to 4 not to mutate the revenue records with respect to the subject property till the disposal of O.S.No.48 of 2024 pending on the file of the Principal District Court, Perambalur.3. W.P.No.39056 of 2024 has been filed against the refusal check slip issued by the respondent dated 25.11.2024 and for a consequential direction to the respondent to register the Power of Attorney document dated 25.11.2024.4. Heard both sides and perused the materials available on record.5. The petitioner in W.P.No.39056 of 2024 claims that her father owned certain properties and he executed a registered will dated 29.09.1999, bequeathing the property in favour of his second wife, daughter of first wife and the daughters of the second wife. Subsequently, the petitioner's father died and the patta stood in the joint name of all the children in patta Nos.1375 and 2549.6. The grievance of the petitioner is that the Tahsildar, Perambalur, removed the names of the joint patta holders and issued a new patta in the name of 4/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 Seethalakshmi, by order dated 13.05.2021. Aggrieved by the same, an appeal was filed before the Revenue Divisional Officer (RDO), Perambalur and after conducting enquiry, the RDO, Perambalur passed an order dated 12.09.2024, cancelling the individual patta granted in favour of Seethalakshmi and restored the joint patta as it originally stood. This order has been put to challenge in W.P.No.28103 of 2024.7. During the interregnum period, the said Seethalakshmi is said to have executed a Sale Deed dated 16.05.2024 in favour of the petitioner in W.P.No.28103 of 2024. Based on the same, he has filed a suit in O.S.No.48 of 2024 on the file of the Principal District Court, Perambalur, seeking for the relief of declaration and permanent injunction. 8. The petitioner in W.P.No.39056 of 2024 was intending to execute a Power of Attorney document and accordingly, a document dated 25.11.2024 was presented for registration before the Sub Registrar. The same was refused to be 5/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 registered by issuing a refusal check slip on the ground that the property has already been dealt with by means of a registered Sale Deed dated 16.05.2024. Aggrieved by the same, the refusal check slip has been challenged in this writ petition.9. In the considered view of this Court, the dispute between the parties is at large before the City Civil Court in O.S.No.48 of 2024. Therefore, whatever claims are made by both parties has to be put forth before the civil Court and the same will be decided on its own merits and in accordance with law. If this Corut goes into the order passed by the RDO and deals with the rights of the parties, it will have a bearing in the pending suit and therefore, this Court is not inclined to undertake such an exercise. Therefore, the order passed by the 2nd respondent dated 12.09.2024, need not be interfered with at this stage and the present status quo shall be maintained in the revenue records, till the disposal of the suit.10. Insofar as the refusal check slip is concerned, the mere cancellation of 6/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 patta granted in favour of the petitioner in W.P.No.28103 of 2024 will not automatically cancel the Sale Deed already executed. Till the said Sale Deed is intact, there is no question of once again dealing with the same property. Therefore, the Sub Registrar has rightly issued the refusal check slip. The same does not require interference of this Court.11. In the result, these writ petitions are disposed of by permitting both the parties to raise all the grounds in the pending suit in O.S.No.48 of 2024 on the file of the Principal District Court, Perambalur. Subject to the result of the civil proceedings, the parties can approach the concerned revenue authorities/registering authority and exercise their rights in accordance with law. No costs. Connected W.M.P. is closed. 21.02.2025 gyaIndex : Yes/NoNeutral Citation : Yes/No7/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 N. ANA ND VENKATESH , J. gyaTo1.The District CollectorPerambalur District, Perambalur2.The Sub-CollectorPerambalur District, Perambalur3.The TahsildarPerambalur District, PerambalurW.P.Nos.28103 & 39056 of 20244.The Deputy TahsildarPerambalur District, Perambalur5.The Sub Registrar Joint-IPerambalur, Perambalur District6.Principal District CourtPerambalur21.02.20258/8

W.P.Nos. 28103 & 39056 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21.02.2025CORAMTHE HONOURABLE Mr.JUSTICE N. ANAND VENKATESHW.P.Nos. 28103 & 39056 of 2024 AND W.M.P.Nos.42297 of 2024W.P.No. 28103 of 2024 Vinoth Kumar.. PetitionerVs1.The District CollectorPerambalur District, Perambalur2.The Sub-CollectorPerambalur District, Perambalur3.The TahsildarPerambalur District, Perambalur4.The Deputy TahsildarPerambalur District, Perambalur5.Sulochana6.Vana Rani @ Rani1/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 7.Jayanthi8.Jayakumar9.Seethalakshmi.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the 2nd respondent in g.K.m2/1803/2024 dated 12.09.2024 and quash the same and for a direction to the respondents 1 to 4 not to mutate the revenue records pertaining to the property situated at S.No.388/2B in Perambalur District and Taluk, Elambalur Village till the pending disposal of the suit in O.S.No.48 of 2024 on the file of the Principal District Court, Perambalur.For Petitioner : Mr.P.William ClintonFor RR1 to 4: Mr.M.R.Gokul Krishnan Additional Government PleaderW.P.No.3 9056 of 2024 K.Jayanthi.. PetitionerVsThe Sub Registrar Joint-IPerambalur, Perambalur District.. Respondent2/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of refusal check slip in RFL/No.1 Joint Sub-Registrar, Perambalur/334/2024 dated 25.11.2024 on the file of the respondent and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to register the power of attorney document dated 25.11.2024 presented by the petitioner along with her sisters, within a stipulated period fixed by this Court and for other consequential orders.For Petitioner : Mr.M.MurugananthamFor Respondent: Mr.M.R.Gokul Krishnan Additional Government PleaderCOMMON ORDERThe issue involved in both the writ petitions are interconnected, both these writ petitions are heard together and disposed of through this common order.2. W.P.No.28103 of 2024 has been filed challenging the proceedings of the 2nd respondent dated 12.09.2024 and for a consequential direction to the 3/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 respondents 1 to 4 not to mutate the revenue records with respect to the subject property till the disposal of O.S.No.48 of 2024 pending on the file of the Principal District Court, Perambalur.3. W.P.No.39056 of 2024 has been filed against the refusal check slip issued by the respondent dated 25.11.2024 and for a consequential direction to the respondent to register the Power of Attorney document dated 25.11.2024.4. Heard both sides and perused the materials available on record.5. The petitioner in W.P.No.39056 of 2024 claims that her father owned certain properties and he executed a registered will dated 29.09.1999, bequeathing the property in favour of his second wife, daughter of first wife and the daughters of the second wife. Subsequently, the petitioner's father died and the patta stood in the joint name of all the children in patta Nos.1375 and 2549.6. The grievance of the petitioner is that the Tahsildar, Perambalur, removed the names of the joint patta holders and issued a new patta in the name of 4/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 Seethalakshmi, by order dated 13.05.2021. Aggrieved by the same, an appeal was filed before the Revenue Divisional Officer (RDO), Perambalur and after conducting enquiry, the RDO, Perambalur passed an order dated 12.09.2024, cancelling the individual patta granted in favour of Seethalakshmi and restored the joint patta as it originally stood. This order has been put to challenge in W.P.No.28103 of 2024.7. During the interregnum period, the said Seethalakshmi is said to have executed a Sale Deed dated 16.05.2024 in favour of the petitioner in W.P.No.28103 of 2024. Based on the same, he has filed a suit in O.S.No.48 of 2024 on the file of the Principal District Court, Perambalur, seeking for the relief of declaration and permanent injunction. 8. The petitioner in W.P.No.39056 of 2024 was intending to execute a Power of Attorney document and accordingly, a document dated 25.11.2024 was presented for registration before the Sub Registrar. The same was refused to be 5/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 registered by issuing a refusal check slip on the ground that the property has already been dealt with by means of a registered Sale Deed dated 16.05.2024. Aggrieved by the same, the refusal check slip has been challenged in this writ petition.9. In the considered view of this Court, the dispute between the parties is at large before the City Civil Court in O.S.No.48 of 2024. Therefore, whatever claims are made by both parties has to be put forth before the civil Court and the same will be decided on its own merits and in accordance with law. If this Corut goes into the order passed by the RDO and deals with the rights of the parties, it will have a bearing in the pending suit and therefore, this Court is not inclined to undertake such an exercise. Therefore, the order passed by the 2nd respondent dated 12.09.2024, need not be interfered with at this stage and the present status quo shall be maintained in the revenue records, till the disposal of the suit.10. Insofar as the refusal check slip is concerned, the mere cancellation of 6/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 patta granted in favour of the petitioner in W.P.No.28103 of 2024 will not automatically cancel the Sale Deed already executed. Till the said Sale Deed is intact, there is no question of once again dealing with the same property. Therefore, the Sub Registrar has rightly issued the refusal check slip. The same does not require interference of this Court.11. In the result, these writ petitions are disposed of by permitting both the parties to raise all the grounds in the pending suit in O.S.No.48 of 2024 on the file of the Principal District Court, Perambalur. Subject to the result of the civil proceedings, the parties can approach the concerned revenue authorities/registering authority and exercise their rights in accordance with law. No costs. Connected W.M.P. is closed. 21.02.2025 gyaIndex : Yes/NoNeutral Citation : Yes/No7/8 https://www.mhc.tn.gov.in/judis W.P.Nos. 28103 & 39056 of 2024 N. ANA ND VENKATESH , J. gyaTo1.The District CollectorPerambalur District, Perambalur2.The Sub-CollectorPerambalur District, Perambalur3.The TahsildarPerambalur District, PerambalurW.P.Nos.28103 & 39056 of 20244.The Deputy TahsildarPerambalur District, Perambalur5.The Sub Registrar Joint-IPerambalur, Perambalur District6.Principal District CourtPerambalur21.02.20258/8