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Madras High CourtWP/22902/2024dismissed

V.Ananthan v. The Inspector General Of Registration

2024-11-27Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA V.Ananthan ... Petitioner Vs.

1.The Inspector General Of Registration The Registration Department, Santhome High Road, Chennai-600 028 2.The District Registrar North Chennai, Kuralagam, Chennai-600 104 3.The Sub Registrar S.R.O.Madhavaram, Chennai-600 060 4.Suresh Kumar 5.P.Padmavathi

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the entire records pursuant to the order of the 3rd respondent herein i.e. the Refusal Check slip dated 29.2.2024 vide Refusal No.RFL/Madhavaram/7/2024 relating to the petitioners deed of Revocation of Sale Agreement dated 29.2.2024 quash the same and consequently direct the 3rd respondent to register the petitioners Deed of 1/5

Revocation of Sale Agreement dated 21.2.2024 in respect of the property situated at Plot Nos.5, 6 7, 7A, 9 and 10, Kumaran Street, Kuthirai Kuthi Thazai, comprised in survey No.34,part, T.S.No.31,Block No.38, and Ward-A of Madhavaram village, Madhavaram Taluk, Thiruvallur District totally measuring 6300 sq.ft.

For Petitioner : M/s.B.Ganesha Moorthy For Respondents : Mr.B.Vijay, AGP, for R.1 to R.3 : Mr.M.Stalin for R.4 : R.5 - died.

O R D E R

The Writ Petition is filed for the following reliefs:- "to call for the entire records pursuant to the order of the 3rd respondent herein. i.e. the Refusal Check slip dated 29.2.2024 vide Refusal No.RFL/Madhavaram/7/2024 relating to the petitioners deed of Revocation of Sale Agreement dated 29.2.2024 quash the same and consequently direct the 3rd respondent to register the petitioners Deed of Revocation of Sale Agreement dated 21.2.2024 in respect of the property situated at Plot Nos.5,6 7,7a, 9 and 10, Kumaran street, Kuthirai kuthi thazai, 2/5

comprised in survey No.34,part, T.S.No.31,Block No.38, and Ward-A of Madhavaram village, Madhavaram Taluk, Thiruvallur District totally measuring 6300 sq.ft."

2. Heard the learned counsel on either side and perused the records.

3. The entire issue as set out in the affidavit filed in support of this Writ petition clearly indicates that there is a dispute regarding the title and ownership of the property which can only be traversed by a Civil Court and the petitioner cannot invoke the writ jurisdiction to resolve the private dispute. That apart, the relief seeking cancellation of a document after the judgement passed in the case of M.Kathirvel Vs. Inspector General of Registration Department of Registration and Others reported in (2024) 4 CTC 769 cannot be granted.

4. Accordingly, the Writ Petition stands dismissed. No costs. 27.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No 3/5

To 1.The Inspector General Of Registration The Registration Department, Santhome High Road, Chennai-600 028 2.The District Registrar North Chennai, Kuralagam, Chennai-600 104 3.The Sub Registrar S.R.O.Madhavaram, Chennai-600 060 4/5

P.T. ASHA . J., (shr) 27.11.2024 5/5