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Madras High CourtWP/16798/2020dismissed

V.Vediappan v. The Inspector General Of Registration

2020-11-30Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.16798 of 2020 & WMP.No.20811 of 2020 Mr.V.Vediappan ..

Petitioners Vs

1. The Inspector General of Registration, 100, Santhome High Road, Fore Shore Estate, Santhome, Chennai 600 028.

2. The District Registrar,(Administration) District Registrar's Office, Salai Vinayagar Temple Road, Dharmapuri 636 701.

3. The Sub-Registrar,-1, Dharmapauri, Dharmapuri.

4. Mrs.Madammal ..

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents 1 to 3 to remove/delete the entry of the fake sale deed dated 12.2.2014 in Document No.334/2014 at SRO Dharmapuri in the relevant Book so as not to get reflected in the encumbrance certificate to S.No.387/1, Virupatchipuram Village, Dharmapuri Taluk and District by considering representation dated 05.10.2020 For Petitioners :

Mr.C.Umashankar For Respondents :

Mr.T.M.Pappiah, Special Govt.

Pleader for R1 to R3

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to remove /delete the entry made in document No.334/2014, on the file of the 3rd respondent through which sale deed dated 12.2.2014 was registered by the 3rd https://hcservices.ecourts.gov.in/hcservices/

respondent.

2. Mr. T.M.Pappiah, learned Spl. Govt. Pleader appearing on behalf of the respondents 1 to 3 .

3. The petitioner is making a claim for the cancellation of the entry and for a consequential cancellation of the document dated 12.2.2014 only on the ground that an order has been passed by the Revenue Authorities cancelling the patta granted in favour of the 4th respondent.

4. In the considered view of this Court, the respondents do not have any right or authority to cancel any entry or cancel any registered document. The parties will have to necessarily challenge such registration of documents only before a competent Civil Court. That apart, the respondents 1 to 3 are not bound by the orders passed by the Revenue Authorities in patta proceedings. Therefore there is absolutely no basis for the petitioner to place reliance upon the orders passed in revenue proceedings in order to seek for a direction to respondents 1 to 3 to cancell/delete the entry made in the records.

5. This Court does not find any ground to entertain this Writ Petition and accordingly, the same is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar msr To

1. The Inspector General of Registration, 100, Santhome High Road, Fore Shore Estate, Santhome, Chennai 600 028.

2. The District Registrar,(Administration) District Registrar's Office, Salai Vinayagar Temple Road, Dharmapuri 636 701.

3. The Sub-Registrar,-1, Dharmapauri, Dharmapuri.

+1cc to the Government Pleader SR.NO.38675 +1cc to Mr.C.Umashankar Advocate SR.NO.38486 W.P.No.16798 of 2020 & WMP.No.20811 of 2020 SDR 18/12/2020 https://hcservices.ecourts.gov.in/hcservices/