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Madras High CourtWP/4839/2024disposed of

K.A.Gopinath v. The Inspector General Of Registration

2026-03-25Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY K.A.Gopinath ..Petitioner(s) Vs

1. The Inspector General of Registration, 120, Santhome Highway, Chennai 28.

2. The District Registrar, North Chennai, First Floor, Kuralakam, Parrys Corner, Chennai.

3. The Registrar, Madhavaram, No.1, Natesan Nagar, Madhavaram, Chennai.

4. M.Ramakrishnan ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the representation of the petitioner dated 24.01.2024 and pass appropriate orders within the stipulated time seeking for removal of entries made in the encumbrance certificate which stands in the name of 4th respondent or his successors or any one claiming under him in respect of TS No. 16/1 Kodungaiyur Village, Chennai and cancel the settlement deed Doc.No. 5167/ 2017 dated 07.09.2017 on the file of the 3rd respondent. For Petitioner(s):

Mr.N.Umapathi

For Respondent(s):

Ms.K.Aswini Devi, AGP for R1 to 3 N/R/N-R4

ORDER

This writ petition is filed to direct the respondents 1 to 3 to consider the petitioner's representation dated 24.01.2024.

2. Learned counsel for the petitioner would submit that the petitioner has made a representation dated 24.01.2024 to remove the entries made in the encumbrance certificate which stands in the name of the fourth respondent or his successors or any one claiming under him, in respect of TSNo.16/1, Kodungaiyur Village, Chennai and cancel the settlement deed Doc.No.5167/2017 dated 07.09.2017 on the file of the third respondent. However, the said representation was not considered, as on date. Hence, this writ petition.

3. Learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the official respondents are not in a position to pass any orders to cancel the documents, since this Court has struck down the provisions of Section 77A and 68(2) of the Registration Act. Hence, this Court may direct the petitioner to file a complaint before the concerned police official.

4. Heard the learned counsel on either side and perused the materials available on record.

5. As rightly contended by the learned Additional Government Pleader appearing for the respondents 1 to 3, the right course available to the petitioner is to file a police complaint before the concerned police officials, who in turn is directed to enquiry the matter and pass appropriate orders on merits and in accordance with law.

With the aforesaid direction, this writ petition stands disposed of. No costs.

25-03-2026 Index: Yes/No Speaking/Non-speaking order VM To:

1. The Inspector General of Registration, 120, Santhome Highway, Chennai 28.

2. The District Registrar, North Chennai, First Floor, Kuralakam, Parrys Corner, Chennai.

3. The Registrar, Madhavaram, No.1, Natesan Nagar, Madhavaram, Chennai.

KRISHNAN RAMASAMY, J.

VM 25-03-2026