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Madras High CourtWP/28910/2025disposed of

E.Saravanan v. Inspector General Of Registration

2025-08-08Honourable Mr.Justice Mohammed Shaffiq8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No. 28910 of 2025:- E.Saravanan ... Petitioner Vs.

1.Inspector General of Registration 100, Santhome High Road Mullima Nagar, Mandavelipakkam Raja Annamalai Puram, Chennai-600 028.

2.The District Registrar Thiruvallur District Registrar Office District Registrar (Administration) Thiruvallur to Uthokottai Road Thiruvallur - 602 001.

3.The Sub Registrar Avadi Sub Registration Office Avadi, Chennai- 600 072.

4.Dr.C.Jayapal ... Respondents Prayer: This petition has been filed under Article 226 of the Constitution of India praying for issuance of writ of declaration, declaring the deed of

settlement, dated 30.11.2021, registered as Document No.17327 of 2021 on the file of the 3rd respondent herein as null and void, for the property at Chinnaman Koil Street, Avadi, Chennai-600054, measuring to the total extent of 1710 sq.fts., located at S.No.113/1 & 113/2B, in Chinnamman Kovil, Sankar Nagar, Parithipattu Village, Avadi Taluk and Thiruvallur District and further direct the respondents to delete the entries from Book I within a time frame.

For Petitioner :

Mr. P.G.Thiyagu For Respondents :

Mr. Abishek Murthy, GA (R1 to 3) W.P. No. 28914 of 2025:- E.Saravanan ... Petitioner Vs.

1.Inspector General of Registration 100, Santhome High Road Mullima Nagar, Mandavelipakkam Raja Annamalai Puram, Chennai-600 028.

2.The District Registrar Thiruvallur District Registrar Office District Registrar (Administration) Thiruvallur to Uthokottai Road Thiruvallur - 602 001.

3.The Sub Registrar Avadi Sub Registration Office Avadi, Chennai- 600 072.

4.Dr.C.Jayapal ... Respondents Prayer: This petition has been filed under Article 226 of the Constitution of India praying for issuance of writ of certiorarified mandamus, to set aside the order passed by the 2nd respondent in Na.Ka.No.1109/Aa2/2025 dated Nil_date.04.2025, signed on 21.04.2025 and consequently direct the 2nd respondent to made an entry of prohibition of further registration on the basis of the document No.17327 of 2021, registered with the 3rd respondent, as it is an impersonated and forged document and to endorse the same in Book 2 of the Registration records within a time frame. For Petitioner :

Mr. P.G.Thiyagu For Respondents :

Mr. Abishek Murthy, GA (R1 to 3) C O M M O N O R D E R By consent of learned counsel on both sides, these writ petitions are taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 4th respondent is dispensed with.

2. These writ petitions have been filed seeking as follows:-

(i) declaring the deed of settlement, dated 30.11.2021, registered as Document No.17327 of 2021 on the file of the 3rd respondent herein as null and void, for the property at Chinnaman Koil Street, Avadi, Chennai-600054, measuring to the total extent of 1710 sq.fts., located at S.No.113/1 & 113/2B, in Chinnamman Kovil, Sankar Nagar, Parithipattu Village, Avadi Taluk and Thiruvallur District and further direct the respondents to delete the entries from Book I within a time frame; and (ii) setting aside the order passed by the 2nd respondent in Na.Ka.No.1109/Aa2/2025 dated Nil_date.04.2025, signed on 21.04.2025 and consequently direct the 2nd respondent to make an entry of prohibition of further registration on the basis of document No.17327 of 2021, registered with the 3rd respondent, on the premise that it is a result of impersonation and forged document and to endorse the same in Book 2 of the Registration records within a time frame.

3. After submitting for a brief while, the learned counsel for the

petitioner would submit that he may be granted liberty to file a protest petition as and when any document is presented for registration in respect of the subject property.

4. On this being pointed out, the learned Government Advocate would submit that if any document in respect of the subject property is presented for registration, it is always open to the petitioner to file a protest petition with objections, and if any such protest petition and objections are made, the same will be considered, which was agreed to by the learned counsel for petitioner.

5. In view of the above, the writ petitions stand disposed of with the following directions :- (i) If any document in respect of the subject property is presented for registration, it is always open to the petitioner to file a protest petition with objections.

(ii) If any such protest petition and objections are made, the 1st respondent

is directed to consider the same and take further action in the manner known to law, including examining the question of jurisdiction/ authority to declare that the deed of settlement as null and void by the Registration Authority.

(iii) It is also open to the petitioner to question the Settlement-deed before a competent court. It is open to the petitioner to redress their grievance in the manner known to law insofar as the validity of the Settlement-deed is concerned.

There will be no order as to costs.

08.08.2025 Speaking /Non-speaking order Maya To 1.Inspector General of Registration 100, Santhome High Road Mullima Nagar, Mandavelipakkam Raja Annamalai Puram, Chennai-600 028.

2.The District Registrar Thiruvallur District Registrar Office District Registrar (Administration) Thiruvallur to Uthokottai Road Thiruvallur - 602 001.

3.The Sub Registrar Avadi Sub Registration Office Avadi, Chennai- 600 072.

MOHAMMED SHAFFIQ, J.

Maya Dated : 08.08.2025