Mrs. Hemamalini, v. The Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2024
CORAM
THE HON'BLE MS.JUSTICE P.T.ASHA Mrs.Hemamalini ... Petitioner Vs.
1. The Inspector General of Registration, No.100, Santhome High Road, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.
2. The District Registrar, Central Chennai - 600 014.
3. The Sub Registrar Office, Villivakkam, Chennai.
4. Radharani Ramineni.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorari to call for the records relating to the impugned order passed by the 2nd Respondent in Na.Ka.No.467/Aa2/2023 dated 19.07.2023 and quash the same.
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For Petitioner : Mr.T.N.Rangeshkanna For R1 to R3 : Mr.P.Harish Government Advocate
ORDER
This Writ Petition has been filed for a Certiorari to call for the records relating to the Impugned Order passed by the 2nd Respondent in Na.Ka.No.467/Aa2/2023 dated 19.07.2023 and quash the same.
2. The brief facts of the case is that the Petitioner has purchased a property from one Ramamoorthy comprised in Sy.No.229/2part, T.S.No.166/21, measuring an extent of 32 cents at Korattur Village, Ambattur Taluk, Chennai by way of a Sale Deed under a registered Document No.117/2007 dated 12.01.2007. At this juncture, the 4th Respondent claimed the subject property by stating that her father had purchased 41.40 cents from one Gopi Shah vide registered Document No. 83 of 1996 and after the death of her father, she is entitled to possession and enjoyment to the said property. Thereby, the 4th Respondent has made an application before the 2nd Respondent to cancel the Petitioner's Sale Deed dated 12.01.2007. Based on the application, the 2nd Respondent had cancelled the Sale Deed dated 12.01.2007 vide Impugned Order dated 19.07.2023. Aggrieved by the same, Page No. 2 of 4
the Petitioner is before this Court.
3. The cancellation has been made on the strength of the provisions of Section 77-A of the Registration Act.
4. Since the matter is covered by the orders of the Division Bench of this Court in M.Kathirvel and others vs. Inspector General of Registration - 2024 (4) CTC, 769, this Court is not going into the facts of the case.
5. In the light of the Judgement passed by the Division Bench of this Court in M.Kathirvel and Others vs. Inspector General of Registration - 2024 (4) CTC 769, the Impugned Order is set aside. Accordingly, the Writ Petition is allowed. No costs.
06.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm P.T.ASHA, J.
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rgm To
1. The Inspector General of Registration, No.100, Santhome High Road, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.
2. The District Registrar, Central Chennai - 600 014.
3. The Sub Registrar Office, Villivakkam, Chennai.
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