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Madras High CourtWA/2001/2025allowed

Sundarambal v. Deputy Inspector General Of Registration,

2025-07-07Honourable Dr.Justice Anita Sumanth,Honourable Mrs.Justice K. Govindarajan Thilakavadi4 pages

2025:MHC:1620

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P.Nos. 15095 & 15096 of 2025 Sundarambal .. Appellant vs 1.Deputy Inspector General of Registration, Chennai Zone, No.120, Santhome High Road, Bharathi Nagar, Raja Annamalaipuram, Chennai.

2.District Registrar, Chennai Central Registration District, No.182, Bharati Salai, Pycrofts Road, Royapettah, Chennai.

3.Tamilnadu Housing Board Rep. by its Superintending Engineer / Administrative Officer, KK Nagar Division, No.C-48, 3rd Floor, 2nd Avenue, Anna Nagar, Chennai - 600 040.

4.A.Kalpana Devi .. Respondents 1/4

Prayer : Appeal filed under Clause 15 of Letters Patent against order dated 31.08.2023 made in W.P.No. 15641 of 2023. For Appellant :

Mr.V.V.Giridharan for Mr.G.Mohana Krishnan For Respondents :

Mr.P.Harish Government Advocate for R1, R2 Mr.D.Veerasekaran, Standing Counsel for R3

JUDGMENT

(Delivered by Dr. ANITA SUMANTH.,J) The challenge is to an order passed in W.P.No.15641 of 2023 on 31.08.2023. The Writ Petitioner is the appellant and the parties are referred to as per their rank in this Writ Appeal.

2. The prayer in the Writ Petition was a challenge to an order passed by the Deputy Inspector General of Registration on 07.02.2023 confirming the order passed by the District Registrar, Chennai Central Registration District on 21.06.2022. The authorities have rejected the appeal of the appellant confirming the directions issued by the registering authorities that the document executed on 04.10.1994 was forged document. Those orders have been confirmed by the Writ Court.

3. At paragraph 12, the learned Judge confirms the action of the authorities under the Registration Act, 1908 finding that the sale deed 2/4

had been fradulently executed. The learned Judge has also gone into the facts of the matter in confirming the orders passed by the authorities.

4. Mr.P.Harish, learned Government Advocate, who appears for R1 and R2 would fairly draw attention to the decision of this Court in M.Kathirvel V. Inspector General of Registration (2024(4) CTC 769), where the provisions of Section 77A of the Registration Act has been struck down. He would also confirm that as on date, the aforesaid decision has attained finality, since no appeal has been filed by the State.

5. In light of the aforesaid, the order of the Writ Court is liable to be reversed and we do so. This Writ Appeal is allowed and all consequences will follow. No costs. Connected Miscellaneous Petition is closed.

[A.S.M., J] [K.G.T, J] sl 07.07.2025 Index:Yes/No Speaking Order 3/4

DR. ANITA SUMANTH, J.

and K.GOVINDARAJAN THILAKAVADI, J.

sl To 1.The Deputy Inspector General of Registration, Chennai Zone, No.120, Santhome High Road, Bharathi Nagar, Raja Annamalaipuram, Chennai.

2.The District Registrar, Chennai Central Registration District, No.182, Bharati Salai, Pycrofts Road, Royapettah, Chennai.

3.The Superintending Engineer / Administrative Officer, Tamilnadu Housing Board KK Nagar Division, No.C-48, 3rd Floor, 2nd Avenue, Anna Nagar, Chennai - 600 040.

W.A.No.2001 of 2025 and C.M.P.Nos. 15095 & 15096 of 2025 07.07.2025 4/4