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Madras High CourtWP/23872/2024dismissed

V.Balasubramani v. The Inspector General Of Registration,

2024-08-21Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR V.Balasubramani ... Petitioner vs.

1.The Inspector General of Registration, Registration Department, Santhome High Road, Santhome, Chennai - 600 028.

2.District Registrar, District Registrar Office, Central Chennai Registrar's Office, Chennai 600 014.

3.Sub-Registrar, Anna Nagar Register Office, West Mogapair, Chennai 600 037.

4.P.Ramesh 5.R.Venkatesh ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to consider the representation of the Petitioner dated 03.06.2024 and direct to cancel the Sale Deed Document No.2586 of 2024 dated 16.05.2024. 1/4

For Petitioner : Mr.R.Harinath For R1 to R3 : Mr.M.Shahjahan Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 2 and 3 to consider his representation dated 03.06.2024 seeking cancellation of the Sale Deed dated 16.05.2024.

2. It is the case of the petitioner that Shop No.H-108 in Koyambedu Vegetable Market belongs to him and the same was transferred by 4th respondent in favour of the 5th respondent by utilising the Power Deed executed by the petitioner fraudulently. Therefore, the petitioner submitted a representation dated 03.06.2024 seeking cancellation of the Sale Deed executed by 4th respondent in favour of the 5th respondent by invoking Section 77A of the Registration Act, 1908.

3. The Division Bench of this Court in M.Kathirvel vs. The Inspector General of Registration (W.P.No.10291 of 2022 etc., batch, dated 02.08.2024), struck down Section 77A of the Registration Act, 1908 and 2/4

hence, the representation submitted by the petitioner dated 03.06.2024 cannot be considered by the Official Respondents.

4. Accordingly, the Writ Petition is dismissed with liberty to the petitioner to workout his remedy before the Civil Court. No costs. 21.08.2024 Index : Yes/No Speaking order:Yes/No dm To 1.The Inspector General of Registration, Registration Department, Santhome High Road, Santhome, Chennai - 600 028.

2.District Registrar, District Registrar Office, Central Chennai Registrar's Office, Chennai 600 014.

3.Sub-Registrar, Anna Nagar Register Office, West Mogapair, Chennai 600 037.

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S.SOUNTHAR, J.

dm 21.08.2024 4/4