Case Note & Summary
The petitioner, M. Mariammal, a ward councillor of Sankar Nagar Town Panchayat, Tirunelveli District, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to forbear the sixth respondent Sub-Registrar from registering sale deeds or any other instruments in respect of plots in an unapproved layout formed by respondents 7 and 8 (Radha Sankar and Baskar Narayanan) in S.Nos.438/4, 439/3, 440/1, 442/2/3 and 445/1,3 to an extent of 32½ acres at Naranammalpuram Village, Balaji Nagar, Tirunelveli Taluk, Tirunelveli District. The petitioner had made a representation dated 13.3.2023 to the Sub-Registrar, but no action was taken. The court heard the learned counsel for the petitioner, the Special Government Pleader for respondents 1 to 6, and the counsel for respondent 7. Respondent 8 did not appear. The court, without going into the merits of the case, directed the sixth respondent Sub-Registrar to consider the petitioner's representation dated 13.3.2023 on merits and pass appropriate orders within a period of four weeks from the date of receipt of a copy of the order. The writ petition was disposed of accordingly. No costs. Consequently, the connected miscellaneous petition was closed.
Headnote
A) Writ Law - Mandamus - Consideration of Representation - The court directed the sixth respondent Sub-Registrar to consider the petitioner's representation dated 13.3.2023 on merits and pass appropriate orders within four weeks, as the petitioner had made a representation and the respondents were required to consider it. (Paras 1-4)
Issue of Consideration
Whether the Sub-Registrar should be directed to consider the petitioner's representation seeking to forbid registration of sale deeds in respect of plots in an unapproved layout.
Final Decision
The court disposed of the writ petition directing the sixth respondent Sub-Registrar to consider the petitioner's representation dated 13.3.2023 on merits and pass appropriate orders within a period of four weeks from the date of receipt of a copy of the order. No costs. Consequently, the connected miscellaneous petition was closed.
Law Points
- Writ of Mandamus
- Registration of unapproved layout
- Consideration of representation
- Duty of Sub-Registrar
Case Details
2025 LawText (MAD) (01) 537
W.P(MD)No.9839 of 2023 and W.M.P(MD)No.8675 of 2023
Mr.A.R.Kannappan (for petitioner), Mr.S.P.Maharajan (Special Govt. Pleader for RR 1 to 6), Mrs.D.Geetha (for R-7)
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Nature of Litigation
Writ petition seeking mandamus to forbid registration of sale deeds in unapproved layout.
Remedy Sought
Petitioner sought a writ of mandamus directing the sixth respondent Sub-Registrar to forbear from registering sale deeds or any other instruments in respect of plots in an unapproved layout formed by respondents 7 and 8.
Filing Reason
Petitioner's representation dated 13.3.2023 to the Sub-Registrar was not considered.
Issues
Whether the Sub-Registrar should be directed to consider the petitioner's representation seeking to forbid registration of sale deeds in respect of plots in an unapproved layout.
Submissions/Arguments
Petitioner argued that the layout formed by respondents 7 and 8 was unapproved and sought forbearance from registration.
Respondents 1 to 6 were represented by Special Government Pleader; respondent 7 was represented; respondent 8 did not appear.
Ratio Decidendi
The court held that without going into the merits of the case, the petitioner's representation should be considered by the sixth respondent Sub-Registrar on merits and appropriate orders passed within four weeks.
Judgment Excerpts
This Writ Petition has been filed for forbearing the sixth respondent from registering the sale deeds or any other kind of instruments in respect of plots made in unapproved lay out formed by the respondents 7 to 8 or their agents...
Heard the learned counsel appearing on either side and perused the materials placed before this Court.
The Petitioner is the ward councillor of Sankar Nagar Town Panchayat, Tirunelveli District.
Without going into the merits of the case, the sixth respondent is directed to consider the petitioner's representation dated 13.3.2023 on merits and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus. The court heard the parties and disposed of the petition with a direction to consider the representation.
Acts & Sections
- Constitution of India: Article 226
