Jayachandran v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH JAYACHANDRAN S/o.Chellamuthu No.399/2, Colony Street, Parpanachery, Maravanoor Village, Jamin Aathur, Ariyalur District.

Petitioner Vs

1. The Inspector General Of Registration, O/o.Inspector General Of Registration, Santhom, Chennai.

2.The District Registrar, O/o.District Registrar, Perambalur District. 3.The Sub Registrar, Kolakkanatham Sub Registrar Office, Alandhur Taluk, Perambalur District.

4.Chellamuthu, S/o.Arumugam, D.No.364/2, Colony Street, Parpanachery, Maranavoor Village, Jamin Aathur, Ariyalur District.

5.RAMACHANDRAN S/o.Chellamuthu, D.No.364-2, Colony Street, Parpanachery Maravanoor Vilalge, Jamin Aathur, Ariyalur District.

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6.RAVICHANDRAN S/o.Chellamuthu, D.No.364-2, Colony Street, Parpanachery Maravanoor Vilalge, Jamin Aathur, Ariyalur District.

7.MAHENDRAN S/o.Sellakannu, No.102, Mela Agraharam, Ariyalur Town And Taluk, Ariyalur District.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to conduct inquiry with regard to sale deed vide D.No.1112 of 2022 dated 26.08.2022 in connection to the S.No.155/3, Patta No.915 extent of the property 0.80 Ares situated at Silakudi village, Alandhur Taluk, Perambalur District in pursuant to the proceedings Na.Ka.No.5624/Aa2/2023 dated 31.08.2023 on the behalf of the 1st respondent.

For Petitioner : Mr.P.Muthamizhselvakumar For Respondents : Mr.U.Baranidharan Special Government Pleader [R1 to R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 to 3 to consider the representation made by the petitioner wherein the petitioner is seeking for cancellation of the sale deed dated 26.08.2022 registered as document No.1112 of 2022 on the file of the third respondent.

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2. Heard Mr.P.Muthamizhselvakumar, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents 1 to 3.

3. In the considered view of this Court, the power to cancel a registered document was available under Section 77-A of the Registration Act. This provision was held to be unconstitutional by the Division Bench of this Court in the decision in M.Kathirvel and others v. Inspector General of Registration [2024 (4) CTC 769]. In view of the same, there is no scope to issue any direction to the second respondent. It will be left open to the petitioner to question the sale deed before the competent Court in the manner known to law. Except giving this clarity, no further orders can be passed in this writ petition. This writ petition is disposed of in the above terms. No costs. 26.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm To

1. The Inspector General Of Registration, O/o.Inspector General Of Registration, Santhom, Chennai. 2.The District Registrar, O/o.District Registrar, Perambalur District. 3.The Sub Registrar, Kolakkanatham Sub Registrar Office, Alandhur Taluk, Perambalur District.

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