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Madras High CourtWP/16916/2021disposed of

N.Jaichandran v. The Inspector General Of Registration

2021-12-15Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.16916 of 2021 N.Jaichandran

...Petitioner

vs.

1. The Inspector General of Registration, Office of the I.G. of Registration, No.100, Santhom High Road, Chennai - 600 028.

2. The District Registrar (South Chennai) (Admin) (In the Cadre of Assistant Inspector General of Registration) Nandanam, Fanepet, Chennai - 600 035.

3. The Sub-Registrar, O/o. The Tambaram Sub-Registrar, East Tambaram, Chennai - 600 059.

4. The Sub-Registrar, O/o. The Selaiyur Sub-Registrar, East Tambaram, Chennai - 600 059.

5. P.Suresh

6. K.S.Krishnakumar

7. K.S.Ramkumar

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd and 4th Respondents to record the 2nd Respondent proceedings in Na.Ka.No.11682/E2/2020 dated 27.04.2021 in the Sale Deed in Document No.2608/1989 dated 07.06.1989 on the file of the 3rd Respondent and the Power of Attorney in Document No.3920/2016 dated 12.04.2016 on the file of the 4th Respondent in the light of the 1st Respondent's Circulars in Letter No.41530/U1/2017 dated 31.07.2018 and Letter No.20217/U1/2021 dated 09.07.2021.

For Petitioner : Mr.G.Balamanikandan For R1 and R4 : Mr.Yogesh Kannadasan Special Government Pleader For R5 to R7 : No Appearance

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the 3rd and 4th respondents to record the 2nd respondent proceedings in Na.Ka.No.11682/E2/2020 dated 27.04.2021 in the Sale Deed in Document No.2608/1989 dated 07.06.1989 on the file of the 3rd respondent and the Power of Attorney in Document No.3920/2016 dated 12.04.2016 on the file of the 4th respondent in the light of the 1st respondent's Circulars in Letter No.41530/U1/2017 dated 31.07.2018 and Letter No.20217/U1/2021 dated 09.07.2021.

2.The case of the petitioner is that the petitioner and his wife have purchased the property comprised in S.No.10/2 admeasuring to an extent of 2100 Sq.ft in Plot No.XI, situated at Sithalapakkam Village, Maheswar Nagar, Tambaram Taluk, Kancheepuram District (Now Chengalpattu District) by the registered Sale Deed dated 27.04.2006 vide Document No.3681/2006. However, the 5th respondent lodged complaint dated 04.12.2020 before the 2nd respondent herein alleging that he is a Power Agent of the 6th and 7th respondents by the Power of Attorney dated 12.04.2016 registered vide Document No.3920/2016 and Adjudication in No.60/2016 on the file of the 4th respondent. The subject property was purchased by his principals by the registered Sale Deed dated 07.06.1989 vide Document No.2608/1989. 3.Further, alleged that instead of Plot No.

X, the petitioner's vendor wrongly mentioned as Plot No.XI in their sale deeds and as such, he prayed to cancel such documents. The 2nd respondent conducted a detailed enquiry and by the proceedings in Na.Ka.No.11682/E2/2020 dated 27.04.2021 dismissed the complaint lodged by the 5th respondent. In pursuant to the same, the petitioner presented the said proceedings before the 3rd and 4th respondents to record the same. However, the 5th respondent filed appeal before the Deputy Inspector General of Registration, Chennai, aggrieved by the order passed by the 2nd respondent dated 27.04.2021 and it is pending. 4.In view of the above, the 3rd and 4th respondents are directed to record the order passed by the 2nd respondent in Na.Ka.No.11682/E2/2020 dated 27.04.2021 in respect of the subject property comprised in S.No.

10/2 ad-measuring to an extent of 2100 Sq.ft in Plot No.

Village, Maheswar Nagar, Tambaram Taluk, Kancheepuram District (Now Chengalpattu District), subject to the result of the appeal filed by the 5th respondent before the Deputy Inspector General of Registration, Chennai.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dm To

1. The Inspector General of Registration, Office of the I.G. of Registration, No.100, Santhom High Road, Chennai - 600 028.

2. The District Registrar (South Chennai) (Admin) (In the Cadre of Assistant Inspector General of Registration) Nandanam, Fanepet, Chennai - 600 035.

3. The Sub-Registrar, O/o. The Tambaram Sub-Registrar, East Tambaram, Chennai - 600 059.

4. The Sub-Registrar, O/o. The Selaiyur Sub-Registrar, East Tambaram, Chennai - 600 059.

+1cc to Mr.G.Balamanikandan, Advocate, S.R.No.67170 +1cc to the Government Pleader, S.R.No.68280 W.P.No.16916 of 2021 CP(CO) RGA(11/01/2022)