W.P.(MD)No.19974 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2024 CORAM THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.19974 of 2022 and W.M.P.(MD)Nos.14533 and 14534 of 2022 1.Devi 2.Abishek 3.Guru Gayathiri Sujitha ... Petitioners Vs. 1.The District Registrar (Administration), Tiruchirapalli District. 2.Malayappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the first respondent in Na.Ka.No.9459/A4/2020 dated 22.02.2021 quashing the same and consequently directing the first respondent to cancel his direction to the Sub Registrar, Srirangam, Tiruchirapalli not to register any sale deed based upon the registered document bearing No. 114/2020. For Petitioners : Mr.S.T.Gopinath For R1 : Mr.M.Siddharthan Additional Government Pleader 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19974 of 2022 O R D E R Challenging the proceedings of the first respondent in Na.Ka.No. 9459/A4/2020 dated 22.02.2021 confirming the order of the Sub Registrar and to direct the first respondent to register the sale deed based upon the registered document bearing No.114/2020, this writ petition has been filed. 2.The mother of the petitioners is the owner of the property in question by way of a deed of relinquishment dated 22.01.2020 executed in her favour and the petitioners are in possession and enjoyment of the property after their mother. While so, based on the complaint given by the second respondent, the Tahisldar without conducting any enquiry had included the name of the second respondent in the joint patta in respect of the subject property. By taking advantage of the same, the second respondent managed to include his name in the Town Survey Field Register. Thereafter, on the application filed by the second respondent enquiry was conducted and on completion of enquiry, the first respondent passed the order impugned in this writ petition stating that the relinquishment deed is a fraudulent one and also directing the Sub Registrar not to register any further document on the basis of the said document. 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19974 of 2022 3.Originally, the second respondent has given a complaint claiming right over the subject property by way of prescription and adverse possession. According to the second respondent, he was in possession of the property for more than 35 years and perfected title by way of adverse possession. 4.The first respondent passed the impugned order mainly on the basis of the contrary entries made in the revenue records. The first respondent assumed that the entries in the revenue records have been obtained falsely by the petitioners. 5.The first respondent has assumed the role of the Civil Court and passed the order impugned in this writ petition without any evidence, merely on the basis of the entries made in the revenue records. Without any concrete evidence, the complaint made by the second respondent cannot be sustained in the eye of law. It is also relevant to note that the entries in the revenue records cannot be held as an evidence to give a positive finding. Some times, in the revenue records, the entries may be missing or the same may be included inadvertently. Hence, merely based on that entries, definite conclusion with regard to the title of the property cannot be made without any valid evidence. 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19974 of 2022 6.In view of the above, this writ petition is partly allowed and the order passed by the first respondent dated 22.02.2021 in Na.Ka.No.9459/A4/2020 is hereby quashed. The parties are at liberty to work out their remedy before the Civil Court. No costs. Consequently, connected miscellaneous petitions are closed. 16.08.2024 NCC:yes/no Index:yes/no Internet:yes/no ta To The District Registrar (Administration), Tiruchirapalli District. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19974 of 2022 N.SATHISH KUMAR, J. ta W.P.(MD)No.19974 of 2022 16.08.2024 5/5 https://www.mhc.tn.gov.in/judis