D.Ravichandran v. The Deputy Registrar

In the High Court of Judicature at Madras Dated : 22.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.16952 of 2024 D.Ravichandran

...Petitioner

Vs 1.The Deputy Registrar Commercial Tax & Registration Department, Vertinary Hospital Road, Pernpet, Nandanam, Chennai-35.

2.The District Registrar (Administration) Central Chennai, Royapettah Chennai-14.

3.K.Jayakumar

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to consider and pass orders on the appeal memorandum dated 06.1.2023 on merits and as per law within a time to be stipulated by this Court. For Petitioner :

Mr.L.Chandrakumar For R1 & R2 :

Mr.B.Vijay, AGP For R3 :

Mr.S.N.Ravikumar

ORDER

Seeking a direction to the first respondent to dispose of the 1/4

appeal dated 06.1.2023 filed as against the order dated 08.12.2022 passed by the second respondent, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for respondents 1 and 2 and the learned counsel appearing for the third respondent.

3. The case of the petitioner is as follows : The third respondent sent a complaint dated 16.8.2021 to the second respondent seeking to cancel the gift settlement deeds dated 24.3.2020 registered as doc.Nos.2856 and 2857 of 2020 on the file of the Sub-Registrar, Villivakkam executed by the petitioner in favour of his wife and son contending that they are false and fabricated documents. Pursuant to that, the petitioner appeared before the second respondent and produced all the documents. However, by order dated 08.12.2022, the second respondent held against the petitioner. Aggrieved by that, the petitioner filed an appeal dated 06.1.2023 before the first respondent. As the same has not yet been considered, the petitioner has come forward with this writ petition.

4. Though the order dated 08.12.2022 passed by the second respondent is not challenged before this Court, in the light of the 2/4

judgment of a Division Bench of this Court in the case of M.Kathirvel Vs. Inspector General of Registration, Department of Registration and Others [reported in 2024 (4) CTC 769], it cannot be sustained.

5. Accordingly, the writ petition is allowed and the order dated 08.12.2022 passed by the second respondent is set aside and a consequential direction is issued to the second respondent to delete the entries of cancellation in respect of the gift settlement deeds dated 24.3.2020 registered as doc.Nos.2856 and 2857 of 2020 on the file of the Sub-Registrar, Villivakkam. No costs.

22.1.2025 To 1.The Deputy Registrar Commercial Tax & Registration Department, Vertinary Hospital Road, Pernpet, Nandanam, Chennai-35.

2.The District Registrar (Administration) Central Chennai, Royapettah Chennai-14.

RS 3/4

P.T.ASHA,J RS W.P.No.16952 of 2024 22.1.2025 4/4