S.Kokila v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.Nos.1284, 1285, 1296, 1297, 1298 and 1299 of 2024 S.Kokila ... Petitioner in W.P.No.1243 of 2024 Mariammal ... Petitioner in W.P.No.1248 of 2024 R.Babu ... Petitioner in W.P.No.1252 of 2024 versus 1.The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai - 4.
2.The District Registrar (Administration), Tindivanam District, No.63/40, Perumal Koil Street, Tindivanam.
3.The Sub-Registrar, Vanur Sub Registrar Office, Pg.Nos.1/6
No.2/97A, Near Co-Operative Bank, Mailam Road, Vanur, Villupuram District.
4.Singa Senthamizh ... Respondents in all W.Ps.
Writ Petitions filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in his proceedings made in Na.Ka.No.4752/AA3/2022 dated 31.01.2023 and quash the same and consequently direct the 3rd respondent to restore Doc.No.6062 of 2010, dated 25.10.2010, Doc.No.3465 of 2002, dated 16.12.2002 and Doc.No.4906 of 2020 dated 20.10.2020 to the file of the 3rd respondent. For Petitioners :
Mr.G.Jeremiah in all W.Ps.
For Respondents :
Mrs.V.Yamunadevi Special Government Pleader for R1 to R3 in all W.Ps.
C O M M O N O R D E R Mrs.V.Yamunadevi, learned Special Government Pleader accepts notice for respondents 1 to 3. Since these writ petitions are being disposed Pg.Nos.2/6
of without passing any adverse orders against 4th respondent, affecting his interest, notice to 4th respondent is dispensed with. 2.These writ petitions have been filed to quash the proceedings of the second respondent vide Na.Ka.No.4752/AA3/2022 dated 31.01.2023 and consequently, direct the 3rd respondent to restore the documents in Doc.No.6062 of 2010, dated 25.10.2010, Doc.No.3465 of 2002, dated 16.12.2002 and Doc.No.4906 of 2020, dated 20.10.2020, respectively to the file of the 3rd respondent.
3. The learned counsel for the petitioners submitted that the petitioners have purchased the vacant sites in Sri Siva Durga Nagar layout comprised in Old.S.No.173, New S.No.125/56/1 and 125/56/1A under registered sale deeds vide Doc.No.6062 of 2010, dated 25.10.2010, Doc.No.3465 of 2002, dated 16.12.2002 and Doc.No.4906 of 2020, dated 20.10.2020, respectively. While that being so, the fourth respondent herein submitted a representation to the second respondent to cancel the sale deeds of several purchases in Siva Durga Nagar under Section 77-A of the Pg.Nos.3/6
Registration Act, 1908. The second respondent, without affording due opportunity of hearing to the petitioners passed the impugned order, thereby, cancelling the sale deeds belonging to the petitioners and others Challenging the same the present writ petition has been filed.
4. Heard both sides and perused the materials available on record.
5. Since the petitioners are having an efficacious appellate remedy under Section 77-B of the Act as against the impugned order passed by the second respondent under Section 77-A of the Act, they are at liberty to work out their remedy in the manner known to law. Therefore, these Writ Petitions are dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 22.01.2024 Index: Yes/No Speaking Order : Yes / No ms Pg.Nos.4/6
To 1.The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai - 4.
2.The District Registrar (Administration), Tindivanam District, No.63/40, Perumal Koil Street, Tindivanam.
3.The Sub-Registrar, Vanur Sub Registrar Office, No.2/97A, Near Co-Operative Bank, Mailam Road, Vanur, Villupuram District.
Pg.Nos.5/6
P.VELMURUGAN, J.
ms 22.01.2024 Pg.Nos.6/6