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Madras High CourtWP/11074/2025disposed of

Mohindar v. The Inspector General Of Registration

2025-04-04Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Mohindar Petitioner(s) Vs

1. The Inspector General Of Registration No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600 028.

2.The District Registrar Tambaram District Registrar Office, No.47/8, Venkatesan Street, West Tambaram, Chennai-600 045.

3.The Sub Registrar Selaiyur Sub Registrar Office, Sabai Colony, Maruthi Nagar, Rajakilpakkam, Chennai-600 073.

2/6 4.Sekar 5.Ramesh 6.Babu Venkadapathi Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider the representation dated on 15.02.2025 and instruct the 2nd respondent to conduct the enquiry in the release deed No.5615/2024 and sale deed No.5616/2024 For Petitioner(s):

Ms.Preethi Basker For Respondent(s):

Mr.U.Baranidharan Special Government Pleader for R1 to R3

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 2 nd respondent to act upon the representation made by the petitioner on 15.02.2025, wherein, the petitioner has questioned the Release Deed registered as Document No.5615 of 2024 and the Sale Deed registered as Document No.5616 of 2024 and to take appropriate action against the private respondents.

3/6 2.Heard Ms.Preethi Basker, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the respondents 1 to 3. 3.In the considered view of this Court, the petitioner is only seeking for declaring the documents as fraudulent transactions and such power is no longer available to the 2 nd respondent since Section 77A of the Registration Act has been declared to be unconstitutional by the Division Bench of this Court in M.Kathirvel vs. The Inspector General of Registration, Department of Registration and others reported in 2024 4 CTC 769. That apart, the Division Bench also made it clear that no such power is available under Section 68(2) of the Registration Act.

In view of the same, no useful purpose will be served in directing the 2 nd respondent to deal with the representation made by the petitioner. If the petitioner is aggrieved, it is left open to the petitioner to workout his remedy before the competent Civil Court in the manner known to law. Except giving this clarity, no further orders can be passed in this writ petition.

4/6 4.This writ petition is disposed of in the above terms. No Costs. 04-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To 1.The Inspector General Of Registration No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600 028.

2.The District Registrar Tambaram District Registrar Office, No.47/8, Venkatesan Street, West Tambaram, Chennai-600 045.

3.The Sub Registrar Selaiyur Sub Registrar Office, Sabai Colony, Maruthi Nagar, Rajakilpakkam, Chennai-600 073.

6/6 N.ANAND VENKATESH J.

ssr 04-04-2025