Sumiya v. The District Registrar (Administration)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2024

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA and W.M.P.Nos.24776 and 24777 of 2024

1. Sumiya

2. Mohamed Sha ... Petitioners Vs.

1. The District Registrar (Administration), Combined Registration Office, Kacheri Salai, Kallakurichi District.

2. The Sub Registrar, Vadaponparappi, Vanapuram Taluk, Kallakurichi District.

3. J.Foujiya ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No.698/A4/2023 dated 23.06.2023 on the file of the 1st Respondent herein and quash the same as illegal, invalid, non-est in law and without jurisdiction and further directing the 2nd respondent to remove the entries in respect of the documents registered based on the Page No. 1 of 4

impugned order from the concerned registers.

For Petitioner : Mr.S.Vijaya Anand For R1 & R2 : Mr.B.Vijay Additional Government Pleader For R3 : Mr.L.Ramu

ORDER

This Writ Petition has been filed for a Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No.698/A4/2023 dated 23.06.2023 on the file of the 1st Respondent herein and quash the same as illegal, invalid, non-est in law and without jurisdiction and further directing the 2nd respondent to remove the entries in respect of the documents registered based on the impugned order from the concerned registers.

2. The cancellation has been made on the strength of the provisions of Section 77-A of the Registration Act.

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3. Since the matter is covered by the orders of the Division Bench of this Court in M.Kathirvel and others vs. Inspector General of Registration - 2024 (4) CTC, 769, this Court is not going into the facts of the case.

4. In the light of the Judgement passed by the Division Bench of this Court in M.Kathirvel and Others vs. Inspector General of Registration - 2024 (4) CTC 769, the Impugned Order is set aside. Accordingly, the Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.

06.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm P.T.ASHA, J.

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rgm To

1. The District Registrar (Administration), Combined Registration Office, Kacheri Salai, Kallakurichi District.

2. The Sub Registrar, Vadaponparappi, Vanapuram Taluk, Kallakurichi District.

and W.M.P.Nos.24776 and 24777 of 2024 06.11.2024 Page No. 4 of 4