P.Shanmugam v. The Deputy Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.01.2024
CORAM:
THE HON'BLE MR JUSTICE P. VELMURUGAN and W.M.P.No.32421 of 2023 P.Shanmugam
...Petitioner.
Versus
1.The Deputy Inspector General of Registration O/o Deputy Inspector General of Registration Vellore - 600 001.
2.The District Registrar Integrated Office of Registration Veppamara Street, Velapadi Vellore.
3.Spl. District Revenue Officer, National Highways Land Acquisition Office Banglore - Chennai Express Highways Sathuvatcheri, Vellore - 632 009.
4.D.Harris.
...Respondents.
Prayer:This writ petition is filed under Article 226 of the Constitution of India, with a prayer to issue a writ of certiorarified Mandamus Calling for the records pertaining to the order of the 2nd respondent dated 15.09.2022 passed in his proceeding No.1904/E3/2022 relating to cancellation of the settlement deed dated 9.12.2021 registered as Document No. 10890/ 2021 at SRO Katpadi as are confirmed by the 1st respondent through his proceeding No. 4524/ A-1/ 2022 dated 29.12.2022 and quash the 1/5
same and further issue appropriate direction to the 3rd respondent for referring the dispute to civil court for determination of the person competent to receive the compensation for acquisition of the lands in S.No. 33/1A (22 cents) of Veppalai Village Katpadi Taluk Vellore district.
For petitioner :
Mr.V.Rajendran For respondents For R1 to R3 : Mrs.V.Yamunadevi Special Govt. Pleader For R4 :
Tapal Returned Unserved Insufficient Address
O R D E R
This Writ Petition is filed under Article 226 of the Constitution of India, with a prayer to issue a writ of certiorarified Mandamus Calling for the records pertaining to the order of the 2nd respondent dated 15.09.2022 passed in his proceeding No.1904/E3/2022 relating to cancellation of the settlement deed dated 9.12.2021 registered as Document No. 10890/ 2021 at SRO Katpadi as are confirmed by the 1st respondent through his proceeding No. 4524/ A-1/ 2022 dated 29.12.2022 and quash the same and further issue appropriate direction to the 3rd respondent for referring the dispute to civil court for determination of the person competent to receive the compensation for acquisition of the lands in S.No. 33/1A (22 cents) of Veppalai Village Katpadi Taluk Vellore district.
2. Since the dispute is regarding the title as well as the validity of 2/5
the document and already whether amended Section 77A has got retrospective effect or prospective effect, is pending before the larger bench of this Court and therefore, the petitioner is at liberty to workout his remedy before the Civil Court and there is no bar in deciding the title and validity of the document by the Civil Court.
3. Accordingly, with the above observations and directions, the writ petition is disposed of. There shall be no order as to costs. Connected writ miscellaneous petition is closed.
22.01.2024 Index :Yes/No Speaking Order : Yes/No nst 3/5
To:
1.The Deputy Inspector General of Registration O/o Deputy Inspector General of Registration Vellore - 600 001.
2.The District Registrar Integrated Office of Registration Veppamara Street, Velapadi Vellore.
3.Spl. District Revenue Officer, National Highways Land Acquisition Office Banglore - Chennai Express Highways Sathuvatcheri, Vellore - 632 009.
4/5
P. VELMURUGAN,J.
nst and W.M.P.No.32421 of 2023 22.01.2024 5/5