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Madras High CourtWP/16192/2024dismissed

K.Mohan Ram, v. The Deputy Inspector General Of Registration,

2024-06-24Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.16192 of 2024 K.Mohan Ram .. Petitioner

Versus

1. The Deputy Inspector General of Registration, Chennai Zone, Integrated Commercial Taxes and Registration Complex(GF), Vetinary Hospital Road, Fanepet, Nandhanam, Chennai - 600 035.

2. The Assistant Inspector General of Registration [Administration], South Chennai District, Integrated Commercial Taxes and Registration Complex(GF), Vetinary Hospital Road, Fanepet, Nandhanam, Chennai - 600 035.

3. The District Registrar [Administration], South Chennai District, Integrated Commercial Taxes and Registration Complex(GF), Vetinary Hospital Road, Fanepet, Nandhanam, Chennai - 600 035.

4. The Sub-Registrar, Kundrathur Taluk, Chennai.

5. Lakshmanan Iyer Devar

6. L.Kayalvizhi .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent No. 3 to conduct enquiry U/s. 77-A of the Registration Act, 1908 to cancel the sale deed in 1/5

respect of property in Survey No. 187/2(Old S.No. 187) for 0.35 1/2 cent and survey No. 189/4B2(Old S.No. 189/4B) for 0.011/4 cent i.e) a Total extent of 0.36 3/4 cent at Malyambakkam Village, Pallavaram Taluk, Kanchipuram District vide Doc. No. 21070 of 2019 dated 17.12.2019 on the ifle of the SubRegister office at Kundrathur-Taluk, Chennai based on the 3rd respondents letter dated 13.07.2023 and 01.09.2023.

For Petitioner : Mr.D.Veerasekharan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader - R1 to R4

ORDER

Since no adverse Order has been passed against the respondents 5 and 6, notice to them is dispensed with. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed to direct the third respondent to conduct enquiry U/s. 77-A of the Registration Act, 1908 to cancel the sale deed in respect of property to a total extent of 0.36 3⁄4 cent at Malyambakkam Village, Pallavaram Taluk, Kanchipuram District vide Doc. No. 21070 of 2019 dated 17.12.2019 on the file of the Sub-Register office at Kundrathur-Taluk, Chennai based on the third respondents letter dated 13.07.2023 and 01.09.2023. 2/5

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 4 and perused the materials available on record.

4. The case of the petitioner is that the fifth respondent and his wife and their mediator took the petitioner to the Sub Registrar Office and promising to pay the entire sale consideration, forced the petitioner to register the sale deed in favour of the fifth respondent. The grievance of the petitioner is that even after the registration of the sale deed, the fifth respondent has not paid the sale consideration. Hence, the present Writ Petition has been filed for aforesaid relief.

5. A perusal of the complaint given by the petitioner itself indicate that the grievance of the petitioner is only with regard to non payment of sale consideration. Such being the case, it is for the petitioner to file appropriate suit for recovery of money and the registering authorities have no power to go into these aspects. Hence, I do not find any merits in this Writ Petition.

6. Accordingly, this writ petition is dismissed of. No costs. 24.06.2024 3/5

vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Deputy Inspector General of Registration, Chennai Zone, Integrated Commercial Taxes and Registration Complex(GF), Vetinary Hospital Road, Fanepet, Nandhanam, Chennai - 600 035.

2. The Assistant Inspector General of Registration [Administration], South Chennai District, Integrated Commercial Taxes and Registration Complex(GF), Vetinary Hospital Road, Fanepet, Nandhanam, Chennai - 600 035.

3. The District Registrar [Administration], South Chennai District, Integrated Commercial Taxes and Registration Complex(GF), Vetinary Hospital Road, Fanepet, Nandhanam, Chennai - 600 035.

4. The Sub-Registrar, Kundrathur Taluk, Chennai.

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N. SATHISH KUMAR , J.

vrc W.P.No.16192 of 2024 24.06.2024 5/5