Radhapathi v. The Inspector General Of The Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.Nos.17578, 17579 & 17583 of 2024 Radhapathi V .. Petitioner in all W.Ps.
Versus
1. The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
2. The Deputy Inspector General of Registration, Integrated Building of Registration Department, Veppamara Street, Velapadi, Vellore - 636 001.
3. The District Registrar, Registrar Office, JawanBhavan Buildings, Polur Road, Tiruvannamalai - 606 601. .. Respondents 1 to 3 in all WPs
4. D.Anjalai .. 4th Respondent inW.P.No.18578 of 2024
5. M.Gandhiammal .. 4th Respondent inW.P.No.18579 of 2024
6. Silambarasan .. 4th Respondent inW.P.No.18583 of 2024 Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to cancel the Fraudulent sale deeds dated 11.11.2010, 18.10.2007 and 07.10.2010 registered as Doc Nos.11176 of 2010, 11045 of 2007 and 9859 of 2010 respectively on the file of Sub Registrar Joint-II Tiruvannamalai in light of the judgment passed by the Additional District Munsif, Tiruvannamalai in O.S. 1/5
No.214 of 2016, 192 of 2009 and 10 of 2011 dated 07.03.2023, 29.06.2012 and 16.11.2022 respectively within a time frame fixed by this Court. For Petitioner : Mr.R.Vetriselvan [in all WPs] For Respondent : Mr.M.Shajahan [in all WPs] Special Government Pleader R1 - R3 COMMON ORDER With the consent of both sides, these Writ Petitions are taken up for final disposal at the admission stage itself.
2. These Writ Petitions are filed to direct the respondents to cancel the Fraudulent sale deeds dated 11.11.2010, 18.10.2007 and 07.10.2010 registered as Doc Nos.11176 of 2010, 11045 of 2007 and 9859 of 2010 respectively on the file of Sub Registrar Joint-II Tiruvannamalai in light of the judgments passed by the Additional District Munsif, Tiruvannamalai in O.S. Nos.214 of 2016, 192 of 2009 and 10 of 2011 dated 07.03.2023, 29.06.2012 and 16.11.2022 respectively within a time frame fixed by this Court.
3. Heard learned counsel for the petitioner and the learned Special 2/5
Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.
4. The case of the writ petitioner is that the subject 'A' properties have been allotted to the petitioner and his son Seethapathi under a partition deed dated 06.10.1978 and 'C' schedule properties were allotted to the brother of the petitioner, viz.,, Thirupathi, as per the said partition deed and after the death of his brother, the properties devolved on his wife, viz., Shantha. While so, the said Shantha fraudulently executed sale deeds in favour of the fourth respondent. Therefore, the petitioner filed suits in O.S.Nos. 214 of 2016, 192 of 2009 and 10 of 2011 for declaration of title and permanent injunction and suits were decreed in favour of the petitioner. Hence, on the strength of the decree passed in the above suits, the petitioner seeks a direction to the respondents to cancel the fraudulent sale deeds executed in favour of the fourth respondent in these Writ Petitions.
5. It is relevant to note that the sale deeds have already been found invalid by the Civil Court. In such view of the matter, let the petitioner register the decree of the Civil Court as per section 23 of the Registration Act. On such steps taken by the petitioner to the register the decree passed in the suits, the 3/5
registering authorities shall register the decree and judgment forthwith.
6. With the above directions, these Writ Petitions are disposed of. No costs.
05.07.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,
1. The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
2. The Deputy Inspector General of Registration, Integrated Building of Registration Department, Veppamara Street, Velapadi, Vellore - 636 001.
3. The District Registrar, Registrar Office, JawanBhavan Buildings, Polur Road, Tiruvannamalai - 606 601. 4/5
N. SATHISH KUMAR , J.
vrc W.P.Nos.17578, 17579 & 17583 of 2024 05.07.2024 5/5