B.Venu v. The Deputy Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & W.M.P.No.35412 of 2024 B.Venu

...Petitioner

Vs.

1.The Deputy Inspector General of Registration Cuddalore.

2.The District Registrar Administration, Tindivanam.

3.The Sub Registrar Vanur.

4.K.Iyyappan

...Respondents

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Prayer: Writ Petition is filed under Article 226 to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in his proceedings in Na. Ka. 2772 / Aa3 / 2022 dated 25.07.2022 and Na. Ka. 3930 / Aa3 / 2022 dated 28.09.2022 cancelling the sale deed of the petitioner in document No. 5336 / 2022 registered in the office of 3rd respondent and quash the same and thereby direct the respondents to remove any entry or endorsement in the encumbrance relating to the above proceedings. For Petitioner :

Mr. N.Suresh For Respondents :

Mr. P.Harish 1 to 3 Government Advocate For Respondent 4:

No Appearance.

O R D E R

The case on hand is a case of a sale deed having been cancelled prior to introduction of Section 77 - A of the Tamil Nadu Act. 2/6

2. Now the Division Bench of this Court in the Judgement reported as 2024 (4) CTC 769 - M.Kathirvel and others Vs. Inspector General of Registration, had clearly held that the registering authority does not have the authority to assume the role of the Civil Court and cancel the deed.

3. Therefore, in the light of the above, the Writ Petition is allowed. The impugned order is quashed. Consequently, the connected miscellaneous petition is closed. No costs. 20.11.2024 Index : Yes/No Internet : Yes/No kan 3/6

To 1.The Deputy Inspector General of Registration Cuddalore.

2.The District Registrar Administration, Tindivanam.

3.The Sub Registrar Vanur.

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P.T. ASHA, J, kan W.P.No. 32580 of 2024 5/6

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