The Madurai Bench of the Madras High Court has declared a controversial sale deed executed in favour of certain individuals with regard to 1.35 acres of land in Palani in Dindigul district as ‘null and void’. This decision was made by a Division Bench of Justices C.V. Karthikeyan and R. Sakthivel, allowing an appeal filed by Arulmigu Dhandapani Swamigal Madam (math) in Palani.
The appeal was preferred by the mutt against a Single Bench order that had directed the Sub-Registrar to register the sale deed if the document was otherwise in order. However, the Division Bench stated that the appellant was not made a party before the Single Bench and the Sub-Registrar did not consider the objections raised before registering.
The math argued that the Single Bench order was contrary to law and the facts of the case, and was liable to be interfered with. It claimed that the Single Bench must not have allowed the writ petition at the admission stage without hearing all the necessary parties. The math also stated that without impleading the appellant as a party, filing the writ petition for the purpose of registering the property of the math was improper and illegal.
The sale deed was executed between the parties as if a private trust property was sold. Allowing the writ petition behind the appellant’s back was improper, the math added. The math also pointed out that the Single Bench should have considered how the petitioner suppressed the fact that the possession of the property was in the Thakkar’s hands. Hence, permitting to register the sale deed would create unnecessary trouble.
Meanwhile, Justin Manikandan Subramanian, the Sub-Registrar (in-charge) who registered the document, moved the High Court seeking anticipatory bail. He has been suspended. He said he had completed the process of registration on the basis of the order passed by the High Court. The Registration Department has also placed District Registrar Sasikala under suspension. Justice K. Rajasekar sought the response of the Crime Branch-Crime Investigation Department and posted the matter for hearing to July 17.
