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Madras High CourtWP/2952/2024disposed of

Rajammal v. Inspector General Of Registration

2026-01-08Honourable Mr Justice Senthilkumar Ramamoorthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

1. Rajammal, W/o. Arumugam Chettiyar, 4/16/1, Bharathi Nagar, Bodipatti Post, Udumalaipettai (TK), Tiruppur (Dt), Tamil Nadu 642 154.

2. Nandhakumar A., S/o. Arumugam Chettiyar, 4/16/1, Bharathi Nagar, Bodipatti Post, Udumalaipettai (TK), Tiruppur (DT), Tamil Nadu 642 154.

3. Kamatchi Shanker Arumugam, S/o. Arumugam Chettiyar, 4/16/1, Bharathi Nagar, Bodipatti Post, Udumalaipettai (TK), Tiruppur (DT), Tamil Nadu 642 154.

..Petitioners Vs

1. Inspector General of Registration, Tamil Nadu Registration Department, 100, Santhome High Road, Chennai 28.

2. Principal Secretary, Tamil Nadu Registration Department, 100, Santhome High Road, Chennai 28.

3. The District Registrar, Tiruppur District, 1/529, Nerupperichal Village, Pooluvapatti Post, Tirupur 641 602.

4. M.Karuppana Gounder, S/o. Marappan Gounder, 4/10, Karungal Thottam, Samarayapatti, West Komaralingam, Madathukulam Taluk, Tiruppur District - 642204.

5. R.Thangavel, S/o. Rasu Gounder, Door No.7/10, Vinayagar Kovil Street, Kuppampalayam, Sangaramanallur South Village, Komaralingam, Madathukulam Taluk, Tiruppur District - 642 204.

(R4 & R5 impleaded vide order dated 24.11.2025 made in WMP.No.34704/2024 in W.P.No.2952/2024 by KRJ) ..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus (a) to remove the entry of sale deed Document number 1686/2020 registered in Kaniyur S.R.O, in order to nullify the unlawful encumbrance created by it, which affects our livelihood bound with the 3-acre property (as in Registration Document No.356/2015 of Kaniyur S.R.O) with cost to compensate our expenditures for this writ petition. To ensure compliance by respondents, we request that this Honourable Court include a compliance checking date in the files of this petition this will hold the Respondents accountable for acting within stipulated time frames and thus render justice.

b) directing respondents to pay the petitioner No.1, nominal compensation of Rs. 50/- for each day of inaction, from the 31st day after grievance submission (25.11.2023) till redressal, payable by the respondents for their negligence and non-compliance with the grievance redressal process stipulated in G.O. (Ms) No. 73, dated 11.06.2018, issued by the Government of Tamil Nadu, we request this Hon'ble Court to include a compliance checking

date in the files of this writ petition to guarantee adherence by the Respondents. This compensation shall serve as a reminder of the consequences of neglecting the grievance redressal duties and the emotional toll the respondents inaction has caused to the petitioners.

(Prayer (a) Amended vide order dated 24.11.2025 made in WMP.No.34713/2024 in WP.No.2952/2024 by KRJ) For Petitioners:

Mr. Kamatchi Shanker Arumugam (Part-in-person) For Respondents:

Mr. U. Baranidharan, Spl.G.P. for R1 to R3 Mr. S.Prabhu for R4 and R5

ORDER

The petitioners assert that they purchased 3 acres of land on 02-02-2015 under document no.356/2015. According to the petitioners, one M.Karupana Gounder fraudulently executed sale deed dated 25-06-2020 in favour of Mr.Thangavel in respect of the same survey no.25/3 that the petitioner purchased under the above mentioned sale deed. After noticing such fraudulent registration, the petitioners submitted a grievance petition to the District Registrar on 13-10-2023 and thereafter approached this Court after also submitting representations in that regard.

2. The third petitioner is present in person and contends that his rights under Article 300A of the Constitution of India should be protected. He also submits that a fraud was perpetrated by respondents 4 and 5.

3. These allegations are denied strongly by learned counsel for respondents 4 and 5.

4. After Section 77A of the Registration Act, 1908 was struck down by this Court, the registering officer does not have the power to cancel a registered document or efface the entry relating thereto from the register of encumbrances. Therefore, the direction sought for by the petitioners cannot be granted. The petitioners' assertion that a sale deed was executed fraudulently in favour of the private respondents is denied by the said respondents, who assert a rival title. Such disputed questions of fact cannot be appropriately addressed in proceedings under Article 226 of the Constitution of India. It should be noted, however, that the petitioners have approached this Court bona fide and have prosecuted this petition diligently. The writ petition was filed in this Court on 23-01-2024. The matter has been pending for about two years. The petitioners are entitled to the benefit of exclusion of this period for purposes of computing the applicable period of limitation.

5. With the above observations, this writ petition is disposed of by leaving it open to the petitioners to approach the jurisdictional civil court for reliefs. There will be no order as to costs.

08-01-2026 Index : Yes/No Internet:Yes/No kj To

1. Inspector General of Registration, Tamil Nadu Registration Department, 100, Santhome High Road, Chennai 28.

2. Principal Secretary, Tamil Nadu Registration Department, 100, Santhome High Road, Chennai 28.

3. The District Registrar, Tiruppur District, 1/529, Nerupperichal Village, Pooluvapatti Post, Tirupur 641 602.

SENTHILKUMAR RAMAMOORTHY, J.

kj 08-01-2026