Case Note & Summary
The Madras High Court dismissed a writ appeal challenging an order of the single judge who had declined to issue a writ of mandamus to direct an enquiry into an alleged fraudulent registration of a sale deed. The appellant, Mrs. Pushpavalli Suresh Babhu, had filed a writ petition seeking a direction to the District Registrar (Admin), Chengalpattu District, to conduct an enquiry on her complaint dated 24.01.2024 concerning sale deed Document No. 488 of 2021 registered at the Sub-Registrar's office, Cheyyur. The sale deed was executed by private respondents S. Mohamed Aslam, A. Abdul Hadi and A.M. Ahamed Faizal among themselves. The appellant contended that fraud had been perpetrated in the formation of the layout and in the registration of the document. The writ court, however, found that the appellant was in no way connected to the execution of the sale deed and, therefore, could not be considered an aggrieved person. On appeal, the division bench, comprising Dr. Justice Anita Sumanth and Mr. Justice C. Kumarappan, agreed with the writ court’s reasoning. The court specifically questioned the appellant’s counsel whether the appellant had any connection to the registration of the document, and the counsel confirmed that she had none. The court held that a writ petition seeking mandamus is misconceived when the petitioner has no personal grievance or locus standi. No case had been made out for issuance of the writ, and the appeal was consequently dismissed with no order as to costs. The decision reaffirms that under Article 226 of the Constitution, a person who is neither a party to a document nor aggrieved by its execution cannot maintain a petition for mandamus to challenge its registration solely on grounds of fraud.
Headnote
A) Constitutional Law - Writ of Mandamus - Locus Standi - Article 226, Constitution of India - The appellant sought a writ of mandamus to direct the District Registrar to conduct an enquiry on a complaint alleging fraudulent registration of a sale deed. The writ court held that the petitioner was not connected to the execution of the document and hence not aggrieved. The appellate court affirmed, holding that without a personal connection or grievance, the writ petition is misconceived and no mandamus can issue. Held, the writ appeal is dismissed with no costs (Paras 5-6).
Issue of Consideration
Whether a person who is not a party to a sale deed and has no connection to its execution can seek a writ of mandamus for an enquiry into alleged fraud in registration
Final Decision
The writ appeal is dismissed with no order as to costs. The order of the writ court refusing to issue mandamus is upheld.
Law Points
- A writ of mandamus cannot be issued when the petitioner has no personal interest or grievance in the matter
- mere allegation of fraud does not confer locus standi
- writ petition is misconceived if petitioner is not aggrieved
