Madras High CourtWP/9133/2023disposed of

T.Gunasekaran v. The Inspector General Of Registration

2023-12-11Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.9133 of 2023 and W.M.P. No.9273 of 2023 1.T.Gunasekaran

2. T.Ruckmani ... Petitioners Vs.

1 The Inspector General of Registration No.100, Santhome High Road Raja Annamalaipuram, Chennai - 600 028 2 The District Registrar Gobichettipalayam, Erode District 3 The Sub Registrar Sathyamangalam, Erode District 4 K. Sumathi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the 1 to 3rd Respondents to cancel the sale deed Document No.6870/2022, dated 09.09.2022 and dispose of the petitioner's representation dated 06.03.2023 submitted to cancel the Sale Deed, respected Agriculture land properties of an extent of Acre 5.22 cents (Hectares 2.11.50) comprised in Survey No. 104/5 and another extent Acre 1.60 cent (Hectares 0.64.78) comprised in survey No. 45/2A, in total of an extent of Acre 6.82 cents situated at Karithottampalayam village, Sathyamangalam Taluk, Erode District.

For Petitioners : Mr.V.Logeswaren 1/5

For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1 to R3 Mr.N.Manokaran for R4

ORDER

The Writ Petition is filed seeking to issue a writ of Mandamus directing the respondents 1 to 3 to cancel the sale deed Document No.6870/2022, dated 09.09.2022 and dispose of the petitioner's representation dated 06.03.2023 submitted to cancel the Sale Deed in respect of Agriculture land properties of an extent of Acre 5.22 cents (Hectares 2.11.50) comprised in Survey No. 104/5 and another extent Acre 1.60 cent (Hectares 0.64.78) comprised in survey No. 45/2A, in total of an extent of Acre 6.82 cents, situated at Karithottampalayam Village, Sathyamangalam Taluk, Erode District.

2. The contention of the learned counsel for the petitioners is that initially the respondents accepted to pay adequate consideration but, subsequently they have not paid the same. Hence, the present writ petition is filed.

3. The petitioners themselves admitted that they executed the said document before the Sub Registrar/3rd respondent herein and the same was also registered. Therefore, for non payment or inadequate of payment 2/5

consideration, the Registrar cannot cancel the document. However, the petitioners are at liberty to work out their remedy before the Civil Court in the manner known to law by establishing the actual value of the property and the payment of consideration etc.

4. With the above directions, the Writ Petition is disposed of. The connected Miscellaneous Petition is ordered subject to payment of separate Court fee by the other petitioner. There shall be no orders as to the costs. 11.12.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To 1 The Inspector General of Registration No.100, Santhome High Road Raja Annamalaipuram, Chennai - 600 028 2 The District Registrar Gobichettipalayam, Erode District 3 The Sub Registrar Sathyamangalam, Erode District 4/5

P.VELMURUGAN. J.

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