B.Rishi v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 14126 of 2024 & W.M.P.Nos. 15310 to 15312 of 2024 B.Rishi

...Petitioner

Vs.

1.The Inspector General of Registration No.100 Santhome High Road, Pattinapakkam, Chennai 600028.

2.The District Registrar Administration, (Assistant Inspector General of Registration), North Chennai, Registration Department, Chennai.

3.Shakila 1/6

4.P.D.Ravichandran 5.P.D.Devendran 6.P.D.Revathi

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Certiorarified Mandamus calling for records leading to pass impugned order of the 2nd respondent in P.Mu.No.8474/A5/2021 dated 10.10.2023 and quash the same.

For Petitioner :

Mr. N.C.Ashok Kumar For Respondents :

Mr. B.Vijay 1 & 2 Additional Government Pleader.

For Respondent 3:

Mr. S.V.D.Rajendra Prasad For Respondents :

Mr. M.Soundar Vijay Arul Ram 4 & 5 For Respondent 6 :

Mr. B.Boopathy.

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O R D E R

Questioning the unilateral cancellation of a registered settlement deed dated 16.09.2008, in and by which one Radhabai had settled her 1/4th share in favour of the respondents 4 to 6 and they inturn had sold the property to the petitioner under a sale deed dated 23.11.2011, which is also been set aside by the impugned order, the Writ Petitioner is before this Court.

2. The cancellation has been made on the strength of the provisions of Section 77-A of the Registration Act.

3. 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.

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4. 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, this unilateral cancellation is invalid. Accordingly, the Writ Petition is allowed. The impugned order is set aside. Consequently, the connected miscellaneous petitions are closed. No costs.

05.11.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The Inspector General of Registration No.100 Santhome High Road, Pattinapakkam, Chennai 600028.

2.The District Registrar Administration, (Assistant Inspector General of Registration), North Chennai, Registration Department, Chennai.

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P.T. ASHA, J, kan W.P.No. 14126 of 2024 05.11.2024 6/6