Madras High CourtCMA/402/2022closed

N. Natesan v. The Chief Revenue Control Officer/

2023-11-30Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2023

CORAM:

MR.JUSTICE N.SESHASAYEE N.Natesan ... Appellant Vs.

1.The Chief Revenue Control Officer / Inspector General of Registration Chennai 600 028 2.The Special Deputy Collector (Stamps) Salem, Salem District 3.The Sub Registrar Thiruchengode Namakkal District ... Respondents PRAYER:This Appeal is filed under Section 47(A) (10) of the Indian Stamp Act, 1899, against the order passed by the First Respondent in Na.Ka.No.34209 / N2/2009 dated 31.03.2021 and direct the respondents to release the sale deed dated 09.03.2005 registered as Document No.1145/2005 in the office of the Sub Registrar, Thiruchengode. For appellant :

Mr.J.Lakshmi Narayanan For respondents : Mr.M.R.Gokul Krishnan 1/4

Additional Government Pleader

JUDGMENT

This appeal arises out of a proceeding under Section 47(A)(10) of the Indian Stamp Act, 1899.

2.As required by this Court, Mr.M.R.Gokul Krishnan, the learned Additional Government Pleader provided the guideline value of the properties involved, but the learned Additional Government Pleader added that vide an order of the District Registrar, Namakkal dated 26.05.2022, the registration of the very document now in question itself has been cancelled as a fraudulent document.

3.Learned counsel for the appellant submitted that challenging the said proceedings of the District Registrar cancelling the sale deed involved in this case, an appeal has been preferred by the I.G. Registration and the same is pending.

4.Inasmuch as there is no present cause of action for preferring this appeal, 2/4

this Court is only constrained to close this appeal. 5.This appeal stands closed accordingly. The appellant is at liberty to prefer any appeal if the circumstances so arises in future. No costs. 30.11.2023 kas Index : Yes / No To.

N.SESHASAYEE, J.

kas 30.11.2023 4/4