V.K.Ramamoorthy v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR V.K.Ramamoorthy ...

Petitioner versus 1.The Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandaivelipakkam, Raja Annamalaipuram, Chennai - 600 028.

2.The Assistant Inspector General of Registration, Registration Department, Electronic Complex, South Chennai, Chennai - 600 015.

3.The Sub Registrar, Virugambakkam, No.47/5, Arcot Road, Udhayam Colony, Lambert Nagar, Virugambakkam, Chennai - 600 083.

4. Sri Jaya Educational Trust, Rep. by its Chairman, K.K.Selvam, No.1, VOC 1st Street, Kodambakkam, Chennai - 600 024.

...

Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to consider the representation dated 29.06.2021 to conduct an enquiry in respect of Sale Deed dated 14.12.1997 registered in Document No.4629 of 1997, S.R.O., Virugambakkam.

For Petitioner :

Mr.M.L.Sripathi For Respondent Nos.1 to 3 :

Mr.P.Anandhakumar Government Advocate

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition has been filed to direct the second respondent to cancel the document registered in the year 1997, by considering the petitioner's representation dated 29.06.2021. 3.

The representation of the petitioner indicates that the fourth respondent dealt with the property without any title and there was a fraudulent sale. Hence, the petitioner seeks to cancel the Sale Deed. 4.

This Court is of the view that when the registering authority has no power under the Act to go into the fraudulent transactions, the direction to consider the representation is a futile exercise. 2/4

5.

In such view of the matter, the right already extinguished before the Civil Court cannot be reviewed before the Registrar by giving representation. Hence, this Writ Petition is dismissed. No costs. 18.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri To 1.The Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandaivelipakkam, Raja Annamalaipuram, Chennai - 600 028.

2.The Assistant Inspector General of Registration, Registration Department, Electronic Complex, South Chennai, Chennai - 600 015.

3.The Sub Registrar, Virugambakkam, No.47/5, Arcot Road, Udhayam Colony, Lambert Nagar, Virugambakkam, Chennai - 600 083.

3/4

N.SATHISH KUMAR , J.

sri 18.04.2024 4/4