Gandhimathi v. The Deputy Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25061 of 2024 1.Gandhimathi 2.Shanthi 3.Arulmozhi 4.Subramani 5.Naveenkumar

...Petitioners

Vs.

1.The Deputy Inspector General of Registration Salem, Salem District.

2.The District Registrar West (Management) Deputy General of Registration Grade (Additional Incharge), Salem, Salem District.

3.V.Boopathyraja 4.Thangapandian 5.Selvi 6.C.Balasubramanian

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the first respondent in 1/4

Ref.No.1734/E2/2022, dated 08.07.2024 confirming the order of the second respondent in Ref.Na.Ka.No.8580/E4/2021 dated 03.02.2022 and quash the same.

For Petitioner : Mr.B.Kumarasamy For Respondents : Mr.M.Shahjahan for R1 & R2 Special Government Pleader

O R D E R

The petitioners herein filed an application before the second respondent seeking cancellation of the release deed executed by the respondents 3 & 4 in favour of the respondents 5 & 6. The prayer made by the petitioners were negatived by the second respondent as well as the first respondent on the ground that the petitioners failed to make out any case for forgery, fraud or impersonation. Aggrieved by the same, the petitioners are before this Court.

2. In view of the order passed by the Division Bench of this Court in M.Kathirvel Vs The Inspector General of Registration in W.P.Nos.10291 of 2022 and batch, striking down Section 77 (A) of the Registration Act, 2/4

which enabled the official respondents to cancel the registered document is no longer available. Therefore, the petitioners are not entitled to seek cancellation of registered document before the official respondents.

3. Accordingly, this Writ Petition filed by the petitioners stands dismissed with liberty to the petitioners to workout their remedy before the Civil Court. No costs.

03.09.2024 (1⁄2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The Deputy Inspector General of Registration Salem, Salem District.

2.The District Registrar West (Management) Deputy General of Registration Grade (Additional Incharge), Salem, Salem District.

3/4

S.SOUNTHAR , J.

dna W.P No.25061 of 2024 (1⁄2) 03.09.2024 4/4