A. VENKATRAMAN Vs. DISTRICT REGISTRAR, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR

JUDGEMENT

(1.) The petitioners seek a Writ of Mandamus to direct the third respondent to withdraw the letter in C.No.26/PA/EOW/VNR/2024 dtd. 22/7/2024 sent to the second respondent and consequently, direct the second respondent to entertain documents covered by the release deed vide Document No.6114/2021 dtd. 12/11/2021 and for consequential orders.

(2.) The case of the petitioners is that their father, Late.Ayyapan, married one A.Jeyalakshmi. From the wedlock, they had two sons and two daughters. The sons are A.Venkatraman and A.Jeya Jothi Raja, who are the petitioners herein. The daughters are P.Pawnthai and S.Muthumari. According to the petitioners, their father, Ayyapan, had acquired several extents of property. He passed away on 10/9/2021. Thereafter, Tmt.Jeyalakshmi, wife of Ayyapan, executed two settlement deeds in favour of the daughters, Pawnthai and Muthumari. Tmt.Jeyalakshmi, the petitioners and the other sister, Pawnthai, also executed a settlement deed in favour of Muthumari.

(3.) With respect to the petitioners, Jeyalakshmi and the two sisters released their shares, which came to their hands by virtue of the death of Ayyapan by way of a release deed dtd. 12/11/2021. The petitioners have mutated the revenue records and they claim that they are in possession of the property. They proposed to alienate the property and applied for an encumbrance certificate for the said purpose. It is at that time, they came to know that the third respondent had written to the second respondent in C.No.26/PA/EOW/VNR/2024 dtd. 22/7/2024, calling upon the second respondent not to register any documents pertaining to the property, whose parent documents are Document Nos. 6614/2021, 3879/2021, 3880/2021 and 1204/2011. The petitioners were shocked to learn about this development and conducted an enquiry. It is at that stage, they came to know of the fact that an FIR had been registered by the third respondent in FIR No.5 of 2023 against their sister, Tmt.Muthumari, their brother-in-law, Subramanian and four others, for the alleged offences under Sec. 120B, 406 and 420 of Indian Penal Code. The offences arise out of collection of funds from the public for a jewellery shop, by name, Aarusha Gold Shop at Virudhunagar.