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Madras High CourtWP/18585/2021dismissed

Dr.S.Thangavelu v. The Inspector General Of

2026-03-12Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP No.19824 of 2021

1. Dr.S.Thangavelu

2. T.K.Rajeshwari ..Petitioner(s) Vs

1. The Inspector General of Registration, No.108, Santhome High Road, Chennai- 28.

2. The Deputy Inspector General of Registration Office of the Deputy Inspector General of Registration, No.6/1, GRD Road, Kamarajar Road, Red Fields, (opp Air force Admin College), Coimbatore-641045.

3. The District Registrar, Office of the District Registrar No.3, 1st KPN Colony, Valipalayam, Tiruppur, Tamil Nadu- 641 602.

4. The Sub Registrar, Office of the Sub Registrar, State Highways 80, Avinashi, Coimbatore- 641 654.

5. The Tahsildar, Office of the Tahsildar Avinashi, No.57V9+FFJ, Avinashi, Coimbatore- 641 654.

6. Mrs.Vijayalakshmi

7. A.M.S. Ramasamy

8. AbinayaBharathi

9. Chinnasamy ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents 1 to 4 to cancel the Registered Sale Deeds executed by the respondents 6 to 8 in favour of the 9th respondent bearing document numbers 6686/2021 dated 14.06.2021 and 6689/2021 dated 14.06.2021 registered before the 4th respondent and consequently declare the Gift Deed Registered in Document No.17666/2008 as a fraudulent document and make necessary entries on all pages of the documents as per the guidelines issued by the 1st respondent and also in other relevant documents, remove the name of the respondents 5 to 7 in the patta book with respect to the Schedule property and to make necessary entry in the encumbrance certificate pertaining to the schedule property, apart from directing the respondents 6 to 8 to compensate the petitioner in terms of money for the mental agony and difficulties faced by the petitioner due to their fraudulent acts.

For Petitioner(s) :

Mr.N.Mathivanan for M/s.Muthumani Duraisamy Mr.Kandhan Duraisami For Respondent(s) :

Mr.U.Baranidharan, SGP for R1 to 5

ORDER

This writ petition is filed to direct the respondents 1 to 4 to to cancel the Registered Sale Deeds executed by the respondents 6 to 8 in favour of the 9th

respondent bearing document numbers 6686/2021 dated 14.06.2021 and 6689/2021 dated 14.06.2021 registered before the 4th respondent and consequently declare the Gift Deed Registered in Document No.17666/2008 as a fraudulent document and make necessary entries on all pages of the documents as per the guidelines issued by the 1st respondent and also in other relevant documents, remove the name of the respondents 5 to 7 in the patta book with respect to the Schedule property and to make necessary entry in the encumbrance certificate pertaining to the schedule property, apart from directing the respondents 6 to 8 to compensate the petitioner in terms of money for the mental agony and difficulties faced by the petitioner due to their fraudulent acts.

2. When the matter was taken up for hearing, learned Additional Government Pleader appearing for the respondents 1 to 5 would submit that the Division Bench of this Court has struck down the provisions of Section 77A and 68(2) of the Registration Act. Hence, they are not in a position to issue direction regarding cancellation of sale deed. Since the petitioner has filed a civil suit before the Civil Court for the similar relief, this Court may direct the petitioner to pursue the same.

3. Recording the submission made by the learned Additional Government Pleader appearing for the respondents 1 to 5, this writ petition is dismissed with

a liberty to pursue the civil suit, pending before the Civil Court in the manner know to law or by filing fresh suit. No costs. Consequently, connected miscellaneous petition is closed.

12-03-2026 Index: Yes/No Speaking/Non-speaking order VM To:

1. The Inspector General of Registration, No.108, Santhome High Road, Chennai- 28.

2. The Deputy Inspector General of Registration Office of the Deputy Inspector General of Registration, No.6/1, GRD Road, Kamarajar Road, Red Fields, (opp Air force admin College), Coimbatore-641045.

3. The District Registrar, Office of the District Registrar No.3, 1st KPN Colony Valipalayam, Tiruppur, Tamil Nadu- 641 602.

4. The Sub Registrar Office of the Sub Registrar State Highways 80, Avinashi, Coimbatore- 641 654.

5. The Tahsildar, Office of the Tahsildar Avinashi, No.57V9+FFJ, Avinashi, Coimbatore- 641 654.

KRISHNAN RAMASAMY J.

VM 12-03-2026