M.Chinnasamy v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 23889 OF 2021

1. M.Chinnasamy S/o.R.Muniappan, No.3/162, Pappampalayam Post, Cauvery R.S. Erode 638 007 Petitioner(s) Vs

1. The Inspector General of Registration No.100, Santhome High Road, Pattinapakkam, Chennai 28 2.The Deputy Inspector General of Registration, Collectorate, Salem Zone 2, Salem 1 3.The District Registrar, Collectorate Campus Back, Nallipalayam Post, Namakkal District 4.The Sub Registrar Pallipalayam Post, Kumarapalayam Taluk, Namakkal District 5.Kandasamy Gounder, S/o.karuppanna Gounder, Nathakkadu, Odapalli Agraharam Village,

Pappampalayam Post, Cauvery R.s, Erode District 638007 6.Karupanna Gounder, S/o.karuppanna Gounder, Nathakkadu, Odapalli Agraharam, Pappampalayam Post, Cavery R.s, Erode 638 007 Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India to call for the records of the 4th respondent in Pro. Lr. No. 240/2021 dated 23.8.2021 and quash the same and consequently direct the 4th respondent to remove the fraudulent entry of S.No. 139/10 Pothu Kinatril 1/8 pagam in 5th and 6th respondents partition deed No. 289/2001 dated 21.3.2001 from their records and pass such further or other orders. For Petitioner(s): M/s.S.KOLANDASAMY For Respondent(s):

Mr.B.Vijay, Additional Government Pleader for R1 to R4

ORDER

This writ petition has been filed challenging the proceedings of the 4th respondent dated 23.08.2021 and for a consequential direction to the 4th respondent to remove the fraudulent entry that was made in the encumbrance register while registering the partition deed dated 21.03.2001 registered as document No.289 of 2001

2.

Heard Mr.Kolandasamy, learned counsel for the petitioner and Mr.B.Vijay, learned Additional Government Pleader for respondents 1 to 4.

3.

The petitioner is aggrieved by the registration of partition deed dated 21.03.2001 as document No.289/2001. The petitioner is seeking for the removal of the entry that was made in the encumbrance register. The removal of the entry in the encumbrance register will tantamount to cancelling the document itself. Section 77A of the Registration Act and Section 68(2) of the Registration Act came up for consideration before the Hon'ble Division Bench of this Court in [M. Kathirvel Vs. The Inspector General of Registration Department of Registration and Others] reported in 2024 4 CTC 769 wherein Section 77A of the Registration Act has been declared as unconstitutional. That apart, it was further clarified that Section 68(2) does not vest any power to declare any document as illegal.

4.

In the light of the above development, even if the impugned proceedings are interfered, further direction cannot be

given by this Court to the 3rd respondent to cancel the entry made in the encumbrance register.

5.

In the result, the petitioner is granted liberty to work out his remedy before the competent Civil Court, if so advised and this writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 18-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector General of Registration No.100, Santhome High Road, Pattinapakkam, Chennai 28 2.The Deputy Inspector General of Registration, Collectorate, Salem Zone 2, Salem 1 3.The District Registrar, Collectorate Campus Back, Nallipalayam Post, Namakkal District 4.The Sub Registrar Pallipalayam Post, Kumarapalayam Taluk, Namakkal District

N.ANAND VENKATESH J.

rka WP No. 22638 of WMP NO. 23889 OF 18-03-2025