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Madras High CourtWP/9690/2025disposed of

P.Mohana @ Mohanambal v. The Inspector General Of Registration

2025-03-27Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. P.Mohana @ Mohanambal Petitioner(s) Vs

1. The Inspector General Of Registration 100, Mullima Nagar, Mandevlipakkam, Raja Ananamalaipuram, Chennai- 600 028.

2.The District Registrar South Chennai Registration District, Integrated Commerce Tax And Registration Complex (Ground Floor) Veterinary Hospital Road, Paineped, Nandanam, Chennai.

3.The Sub Registrar Office of the Sub Registrar, Ammandam Nagar Main Road, Kundrathur, Chennai- 600 069.

4.P.Velayutham

2/6 5.R.Vijayakumar 6.P.Rajendran Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondents to act upon representation dated 23.11.2022 and consequently cancel the sale deed registered on 29.01.2007 vide document No.962 and 963 in the year of 2007 both on the file of Kundrathur SRO.

For Petitioner(s):

Dr.G.Babu 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 23.11.2022, wherein, the petitioner has sought for the cancellation of the Sale Deed dated 29.01.2007 registered as Document Nos.962 & 963 of 2007.

3/6 2.Heard Dr.G.Babu, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of respondents 1 to 3.

3.The relief as sought for by the petitioner cannot be granted by this Court since the power that was available to the 2 nd respondent under Section 77A of the Registration Act has been held 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. 4.It is seen from records that the petitioner had already filed a suit for bare injunction in O.S.No.74 of 2017 and the same was dismissed for default by an order dated 23.07.2018. Hence, it will be left open to the petitioner to question the Sale Deed in the manner known to law, if law otherwise permits. Except giving this clarity, no further orders can be passed in this writ petition.

4/6 5.This writ petition is disposed of in the above terms. No Costs. 27-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The Inspector General Of Registration 100, Mullima Nagar, Mandevlipakkam, Raja Ananamalaipuram, Chennai- 600 028.

2.The District Registrar South Chennai Registration District, Integrated Commerce Tax And Registration Complex (Ground Floor) Veterinary Hospital Road, Paineped, Nandanam, Chennai.

3.The Sub Registrar Office of the Sub Registrar, Ammandam Nagar Main Road, Kundrathur, Chennai- 600 069.

6/6 N.ANAND VENKATESH J.

ssr 27-03-2025