The Inspector Of General Of Registration v. T Rajendran
2025:MHC:2282
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-09-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR JUSTICE C. SARAVANAN and CMP No. 20881 of 2024 1.The Inspector General of Registration Registration Department Office, Pattinampakkam, No.100, Santhome High Road, Chennai -600028.
2.The District Registrar Administration District Registrar (Administration) Office, Chennai South, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 600035.
3.The Sub Registrar Sub Registrar Office, No.2192, SH 49, Kazura Garden, Neelankarai, Chennai - 600 041.
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Appellant(s) Vs 1.T Rajendran 2.T Sivasankaran 3.S Puspalatha Respondent(s) PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 07-03-2024 made in WP.No.5824/2024 and thus render justice For Appellant(s):
Mr.U.Baranidharan, SGP For Respondent(s): Mr.J.Arul Prakasam For R1 No Appearance For R2 & R3
J U D G M E N T
(Judgment was delivered by S.M.Subramaniam J.) The Writ Court took an exception regarding the conduct of the Public Authorities in dealing with the representations/appeals submitted by the aggrieved persons and imposed cost of Rs.25,000/- while disposing the writ petition.
2. The fact remains that the 1 st respondent/writ petitioner sent a Page No.2 of 5
representation on 04.08.2021 to the District Registrar (Administration) seeking cancellation of the settlement deed registered in Document No.9201 of 2018. Since the District Registrar not considered the application, the 1 st respondent preferred an appeal before the Inspector General of Registration, which was also kept in cold storage. Thus, the writ petition came to be instituted.
3. The learned Special Government Pleader appearing on behalf of the appellants/Registration Department would oppose by stating that no such appeal was preferred before the Inspector General of Registration by the 1 st respondent.
4. May that as it be. The facts remains that the writ petitioner filed an application seeking cancellation of settlement deed under Section 77(A) of the Registration Act which is no more remains in the Statute book as it is struck down by the Division Bench of this Court in the case of M.Kadhiravel vs. Inspector General of Registration 1.
2024 SCC Online Mad 6154 Page No.3 of 5
5. That apart, the aggrieved person has to approach the competent Civil Court for the purpose of nullifying the settlement deed. It is brought to the notice of this Court that a civil suit in O.S.No.86 of 2025 has been instituted and now pending on the file of District Munsif Court of Judicial Magistrate Sholinganallur, Chengalpattu District. Thus, the parties have to establish their civil rights in the manner know to law.
6. Accordingly, the writ order dated 07.03.2024 passed in W.P.No.5824 of 2024, is hereby set aside and the Writ Appeal stands allowed. Consequently, the connected Miscellaneous Petition is closed. There shall be no order as to costs.
(S.M.SUBRAMANIAM J.)(C.SARAVANAN J.) 11-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni Page No.4 of 5
S.M.SUBRAMANIAM J.
AND C.SARAVANAN J.
Jeni 11-09-2025 Page No.5 of 5