C.Panchanathan v. Deputy Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 19536 of 2024 & W.M.P.No. 21386 of 2024 C.Panchanathan

...Petitioner

Vs.

1.Deputy Inspector General of Registration Office of the Deputy Inspector General of Registration, Coimbatore - 641 018.

2.The District Registrar (Admn) Office of the District Registrar, Tiruppur, Coimbatore District.

3.V.Umadevi

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Certiorarified Mandamus calling for records of the first respondent 1/5

comprised in order dated 10.08.2023 in Na.Ka. No.3557/ e2/ 2023 confirming the order of the second respondent dated 25.08.2022 in Na.Ka. No.1181/a5/ 2022 quash the same as arbitrary, illegal, unconstitutional and consequently direct the 2nd respondent to remove the entries made in the encumbrance certificate with reference to the petitioner's sale deed dated 31.05.2010, registered as document no.1499 of 2010 on the file of SRO, Kanniyur.

For Petitioner :

Mr. S.Ramesh For Respondents :

Mr. C.Sathish 1 & 2 Government Advocate For Respondent 3:

Mr. I.Abrar Md. Abdullah

O R D E R

Questioning the unilateral cancellation of a document, the Writ Petitioner is before this Court.

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

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, this unilateral cancellation is invalid. Accordingly, the Writ Petition is allowed. The impugned order is set aside. Consequently, the connected miscellaneous petition is closed. No costs.

20.01.2025 Index : Yes/No Internet : Yes/No kan 3/5

To 1.Deputy Inspector General of Registration Office of the Deputy Inspector General of Registration, Coimbatore - 641 018.

2.The District Registrar (Admn) Office of the District Registrar, Tiruppur, Coimbatore District.

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P.T. ASHA, J, kan W.P.No. 19536 of 2024 20.01.2025 5/5