Subaida Begum v. The Deputy Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.1177 of 2025 Subaida Begum ... Petitioner Vs.

1.The Deputy Inspector General Of Registration Cuddalore.

2.The District Registrar Villupuram.

3.The Sub Registrar Vikravandi.

4.Kaja Moideen

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, Calling for the records of the 1st respondent in his proceedings in Na.Ka.No.2298/ Vu / 2022 dated 29.08.2022 and the proceedings of 2nd respondent in Na.ka. No.799 /E1 (B) / 2022 dated 10.05.2022 declaring the settlement deed bearing document No.947 /2012 registered in the office of the 3rd 1/4

respondent as invalid and quash the same and thereby direct the 3rd respondent to remove any entry or endorsement in the encumbrance relating to the above proceedings.

For Petitioner : M/s.N.Suresh For Respondents : M/s.M.Shahjahan Spl.G.P.

for respondents 1 to 3.

O R D E R

The Writ Petition is filed for the following reliefs:- " Calling for the records of the 1st respondent in his proceedings in Na.Ka.No.2298/ Vu / 2022 dated 29.08.2022 and the proceedings of 2nd respondent in Na.ka. No.799 /E1 (B) / 2022 dated 10.05.2022 declaring the settlement deed bearing document No.947 /2012 registered in the office of the 3rd respondent as invalid and quash the same and thereby direct the 3rd respondent to remove any entry or endorsement in the encumbrance relating to the above proceedings."

2. Aggrieved by the order of the 2nd respondent dated 10.05.2022, cancelling the settlement deed dated 27.02.2012 in Document No.947/2012 based on Section 77-A of the Registration Act and also aggrieved by the order of the 1st respondent in appeal dated 29.08.2022 in and by which the 2/4

1st respondent had confirmed the order passed by the 2nd respondent, the petitioner is before this Court.

3. In the light of the Judgement passed by the Division Bench of this Court in M.Kathirvel Vs. Inspector General of Registration - 2024 (4) CTC 769, the order passed by the 2nd respondent cancelling the above said documents and the order passed by the 1st respondent confirming the cancellation order passed by the 2nd respondent cannot be sustained.

4. Accordingly, the Writ Petition is allowed. The impugned orders are quashed. Consequently, the connected miscellaneous petition is closed. No costs.

20.01.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Deputy Inspector General Of Registration Cuddalore.

2.The District Registrar Villupuram.

3.The Sub Registrar Vikravandi.

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P.T. ASHA . J., (shr) and W.M.P.No.1177 of 2025 20.01.2025 4/4