V.Dhivakar v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.31001 of 2023 and W.M.P.No.30646 of 2023 V.Dhivakar ... Petitioner

Versus

1. The Inspector General of Registration, Office of the I.G of Registration No.100, Santhome High Road, Chennai - 600 028

2. The District Registrar (Administration) O/o the District Registrar, Tindivanam 3.P.Rathinavelu 4.R.Gnanavel .. Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the reocrds of the respondent No.1 in his proceeding No.13614/U2/U3/2023 dated 15.09.2023 and quash the same and consequentially restore the order of the respondent No.2 in his proceedings Na.Ka.No 3311.A3/2022 dated 27.03.2023.

For Petitioner : Mr.S.Senthilnathan For Respondents : Mr.B.Vijay for R1 & R2 Additional Government Pleader Mr.V.V.Sairam for R3 & R4 1/4

ORDER

By consent of both parties, this writ petition is taken up for disposal.

2. This writ petition has been filed challenging the order of the first respondent dated 15.09.2023, quash the same and restore the order of the second respondent's proceedings in Na.Ka.No 3311.A3/2022 dated 27.03.2023.

2. It is the case of the writ petitioner that the 3rd respondent without having proper title has settled the property belonging to the petitioner in favour of one of his son. Therefore, the petitioner lodged a complaint before the second resopndent and the second respondent has cancelled the settlement. Subsequently, the third respondent filed an appeal before the first respondent which resorted the impugned order. Challenging the same, this writ petition.

3. Heard both sides and perused the materials placed on record. 2/4

4. At this stage, this Court is of the view that the registering authorities have no power to go into the title of the property. If at all any property of the petitioner is included in the document executed by the third respondent, it is for the petitioner to establish the same by way of civil suits.

5. Accordingly, I do not find any merits in the case and this Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.

16.04.2024 Index:Yes/No dhk To,

1. The Inspector General of Registration, Office of the I.G of Registration No.100, Santhome High Road, Chennai - 600 028

2. The District Registrar (Administration) O/o the District Registrar, Tindivanam 3/4

N.SATHISH KUMAR, J.

dhk WP.No.31001 of 2023 16.04.2024 4/4