Madras High CourtWP/12351/2025disposed of

Sridharan Jayabal v. Assistant Inspect General

2025-04-16Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Sridharan Jayabal S/o.S.Jeyabal Petitioner Vs

1. Assistant Inspect General O/o.Assistant Inspect General, Combined Registration Department Campus, Kumaragiri-By Pass Road, Near Kailas Manasarovor CBSE School, Udaypatti Power House, Amma Pettai, Salem.

2.Panneerselvam S/o.Iruthaiyasamy 3.Jayaprakasam S/o.Iruthaiyasamy Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to consider petitioner's appeal petition dated 13.09.2022 pending on the file of the respondent and dispose of the same and on merits and in accordance with law within the time stipulated by this Court.

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For Petitioner : Ms.G.Selvi George For Respondents : Mr.U.Baranidharan Special Government Pleader [R1] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to deal with the appeal filed by the petitioner on 13.09.2022 against the order passed by the District Registrar dated 08.08.2022 seeking for the cancellation of the sale deed that stands in the name of the third respondent.

2. Heard Ms.G.Selvi George, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for first respondent.

3. In the considered view of this Court, the appeal filed by the petitioner will not be maintainable since the power of cancellation of document by the registering authority is no longer available in view of the judgment of the Division Bench of this Court in M.Kathirvel and others v. Inspector General of Registration [2024 (4) CTC 769]. In view of the same, it is left open to the petitioner to work out his remedy before the 2/4

competent civil Court and it is for the petitioner to satisfy the Court that he spent time in prosecuting the case before the concerned authority and that the said period has to be taken into consideration under Section 14 of the Limitation Act.

This writ petition is disposed of in the above terms. No costs. 16.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Assistant Inspect General O/o.Assistant Inspect General, Combined Registration Department Campus, Kumaragiri-By Pass Road, Near Kailas Manasarovor CBSE School, Udaypatti Power House, Amma Pettai, Salem.

N.ANAND VENKATESH, J 3/4

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