C.Yesammal v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. C.Yesammal W/o.Chinnapparaj, No.B-2, 25-c, Naandhini Illam, Near Puthumariamman Koil Rajambal Nagar, Manjakuppam, Cuddalore-607 001.

Petitioner(s) Vs

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

2.The District Registrar 3.The Sub Registrar Joint-I, Thiruppadiripuliyur, Cuddalore-607 002.

4.L.Alphonse Ligoria D/o.T.Lourdusami, No.3,

Purushothaman Nagar, Semmandalam, Cuddalore-607 001.

5.S.Selvamary W/o.Syed Moideen, No.36, Venkatachalapathi Nagar, Opposite Vst Motors, Kondur, Cuddalore-607 006.

6.C.Raji S/o.Chinnathambi, No.43, 1st Cross Street, Venkatesan Nagar, 002.

7.R.Venkatesan S/o.Ramalingam, No.35c/2, Pudukuppam, Cuddalore Taluk, Cuddalore-607 001.

8.S.Syed Moideen S/o.Syed Ahamed, Door No.36, Venkatachalapathi Nagar, (opposite To Vst Motors) Kondur, Cuddalore-607 002.

9.R.Rajan S/o.Baskar, No.52, Purushothaman Nagar, Sevai Illam Back Side Nellikuppam Main Road, Cuddalore 607 001.

10.KARUNAKARAN Document Writer Licence No.C-11/ Cre 1984 No.8, Pandurangan Building Backside, A-Pudukuppam, Cuddalore Taluk, Cuddalore District.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for issuance of writ of Mandamus directing the 1 st respondent to pass orders expeditiously on the Appeal No.20032/ U3/ 2023 dated 23.05.2023 preferred against the order dated 27.4.2023 in Na.Ka. No.110/A4/ 2023 by the 2nd respondent and pass orders. For Petitioner(s):

D.Baskar For Respondent(s):

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

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1 st respondent to pass orders on the appeal filed by the petitioner on 23.05.2025 against the order passed by the 2 nd respondent dated 27.04.2023.

2.

Heard Mr.D.Baskar, learned counsel for the petitioner and Mr.U.Bharanidharan, learned Special Government Pleader for respondents 1 to 3.

3.

The petitioner had submitted a representation / petition before the nd respondent seeking for cancellation of three documents registered as Document Nos.15, 16 and 3320 of 2021. The 2 nd respondent through proceedings dated 27.04.2023, rejected the petition and directed the petitioner to approach the competent Civil Court and work out her remedy. Aggrieved by the

same, an appeal was filed before the 2 nd respondent. Since no order was passed, the present writ petition has been filed before this Court. 4.

In the considered view of this Court, Section 77A of the Registration Act, has already been held to be unconstitutional in the case of [M. Kathirvel Vs. The Inspector General of Registration Department of Registration and Others] reported in 2024 4 CTC 769. Hence, no useful purpose will be served in directing the 1 st respondent to deal with the appeal filed by the petitioner.

5.

The learned counsel for the petitioner submitted that unless the 1 st respondent passes an order, the petitioner cannot approach a competent Civil Court to work out her remedy. It is not necessary for the 1 st respondent to pass any orders in this regard and this Court makes it clear that it will be left open to the petitioner to approach the competent Civil court and work out her remedy and there shall be a direction to the 1 st respondent to close the appeal filed by the petitioner forthwith. This liberty will sufficiently take care of the grievance expressed by the petitioner.

6.

This writ petition is disposed of in the above terms. 17-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

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

2.The District Registrar 3.The Sub Registrar Joint-i, Thiruppadiripuliyur, Cuddalore-607 002.

N.ANAND VENKATESH J.

rka 17-03-2025