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Madras High CourtWP/2453/2021dismissed

R.Chakkaravarthy v. The Inspector General Of Registration

2021-02-08Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE WP.No.2453 of 2021 R.Chakkaravarthy

...Petitioner

-Vs1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028 2.The Deputy Inspector General of Registration, Cuddalore, Cuddalore District.

3.The District Registrar, District Registration Office, 4.The Sub-Registrar, No.2, Sub-Registrar Office, 5.The Sub-Registrar, Sub-Registration Office, Thiyagadurugam, Kallakurichi Taluk & District 6.Mrs.Mageshwari

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 5 herein to cancel the sale deed, which has been registered as Document No.1675/2019 dated 21.06.2019 with the 5th respondent, Sub-Registrar, Thiyagadurugam, Kallakurichi Taluk & District, consequentially direct the 5th respondent to remove the entry made as document no.1675/2019 in Book no.1 in his office.

For Petitioner : Mr.R.Prabudoss For Respondents : Mr.T.M.Pappiah, Special Government Pleader for RR1 to 5

ORDER

The present petition is filed by the petitioner seeking a direction to the respondents 1 to 5 herein to cancel the sale deed, which has been registered as Document No.1675/2019 dated 21.06.2019 with the 5th respondent, SubRegistrar, Thiyagadurugam, Kallakurichi Taluk & District, consequentially direct the 5th respondent to remove the entry made as document no.1675/2019 in Book no.1 in his office. 2.The petitioner wants to cancel the Sale Deed and remove the entry from the Register.

3.Heard both sides.

4.Except holding an enquiry for the limited purpose under Section 82 r/w Section 83 of the Registration Act, 1908, the Sub-Registrar will become functus officio and if at all the petitioner feels aggrieved of such registration, then he necessarily has to move appropriate civil Court in view of the judgment rendered by the Hon'ble Supreme Court in "Satya Pal Anand vs State Of M.P. And Ors" reported in (2016) 10 SCC page 767.

5.In view of the above, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dn To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028 2.The Deputy Inspector General of Registration, Cuddalore, Cuddalore District.

3.The District Registrar, District Registration Office,

4.The Sub-Registrar, No.2, Sub-Registrar Office, 5.The Sub-Registrar, Sub-Registration Office, Thiyagadurugam, Kallakurichi Taluk & District +1cc to the Government Pleader, S.R.No.7506 SSN(CO) SM/01/03/2021 W.P.No.2453 of 2021