Prayer
Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records from the 2nd respondent relating to sale deed in Doc. No. 5763/2007 registered on 13.07.2007 allegedly executed by Parvathavarthini in favour of 4th respondent and to quash the same as unlawful and illegal.
:ORDER
The petitioner seeks for issuance of a writ of certiorari, quashing the sale deed in Doc. No. 5763/2007 registered on 13.07.2007 allegedly executed by Parvathavarthini in favour of 4 respondent.
2. The Hon'ble Full Bench of this Court in Latif Estate Line India Ltd. v. Hadeeja Ammal reported in 2011 (2) CTC 1 (FB), held that Writ Petition cannot be entertained for the purpose of setting aside a registered instrument.
3. The petitioner alleged fraud have been committed by the fourth respondent by executing a sale deed dated 13.07.2007 and after coming to know of the same, the petitioner has also filed a complaint to the Inspector of Police, Anti Land Grabbing Cell, Madurai and a case has been registered in Crime No. 28 of 2013.
4. In the light of the above, the relief sought for cannot be granted. That apart the allegations raised by the petitioner has not been adjudicated since the writ petition has been disposed of at the admission stage. In respect of the allegations made by the petitioner, the District Registrar is competent to enquire into the same in terms of Circular in No. 67 dated 03.11.2011
5. In such view of the matter, the petitioner should approach the first respondent under Circular 67 dated 03.11.2011 and after such petition is filed, the first respondent is directed to consider the same after issuing notice to the petitioner, fourth respondent and any other person who may be aggrieved and conduct enquiry and pass orders on merits and in accordance with law.
6. The Writ Petition is disposed of with the above direction. No costs.
Consequently, connected Miscellaneous Petitions are closed.