M.Kesavaraj v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And M.P.Nos.1 and 2 of 2015 M.Kesavaraj ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai.

2.The Deputy Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai.

3.The District Registrar, Registration Department, Kancheepuram District.

4.The Sub - Registrar, Uthukottai, Kancheepuram District.

5.D.Parvathi Rep. by Power Agent Kanthammal 6.S.Kumar ... Respondents 1/4

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent in his proceedings in No.56439/U1/13-1 dated 27.01.2015 and quash the same and consequently direct the respondents 1 to 3 to annual the documents No.3202/2011 on the file of third respondent, which is executed by fourth respondent thro' her power agent in favour of the fifth respondent by virtue of powers conferred to the respondents 1 to 3 under Sec.68 of the Registration Act.

For Petitioner : Mr.P.Dinesh Kumar For Respondents : Mr.C.Kathiravan for R1 to R4 Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records of the first respondent in his proceedings in No.56439/U1/13-1 dated 27.01.2015 and quash the same and consequently direct the respondents 1 to 3 to annual the documents No.3202/2011 on the file of third respondent, which is executed by fourth respondent thro' her power agent in favour of the fifth respondent by virtue of powers conferred to the respondents 1 to 3 under Sec.68 of the Registration Act. 2/4

2.The learned counsel appearing for the petitioner submitted that during the pendancy of this writ petition, the petitioner passed away and sought time for filing the petition to implead the legal heirs of the petitioner.

3.Perusal of records reveal that the impugned order has been passed pursuant to the Circular of the Inspector General of Registration dated 03.11.2011 in Circular No.67/11, however, Circular No.67/11, dated 03.11.2011, was withdrawn on 07.11.2017 and consequential orders were also withdrawn.

4.In view of the above, the Circular No.67/11, dated 03.11.2011 and impugned order has already been withdrawn and no further adjudication is necessary in this writ petition. However, liberty is granted to the legal heirs of the petitioner to work out the remedy in the manner known to law.

5.With the above observation, the writ petition is closed. No costs. Consequently, connected miscellaneous petitions are also closed.

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07.11.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No M.DHANDAPANI,J.

pri To 1.The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai.

2.The Deputy Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai.

3.The District Registrar, Registration Department, Kancheepuram District.

4.The Sub - Registrar, Uthukottai, Kancheepuram District.

And M.P.Nos.1 and 2 of 2015 4/4

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