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Madras High CourtWP/33993/2019dismissed as withdrawal

Smt. J.Malini, v. The Secretary To Government,

2019-12-05Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 33993 of 2019 J. Malini ... Petitioner Vs.

1. The Secretary to Government, Commercial and Registration Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2. The Inspector General of Registration, No.100, Santhome High Road, Mulluma Nagar, Mandavelipakkam, Raja Annamalaipuram, Chenai-600 028.

3. The District Registrar, North Chennai.

4. The Sub-Registrar, Sub-Registrar Office-Red Hills, No.44/5, Vallalar Street, Red Hills, Chennai-600 052.

5. D.Baskar

6. K.Suryaprakash ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, to direct the Second and Third Respondents to conduct the enquiry on the Petitioner's representation dated 03.07.2019, about the registration of sale deed, Document No.5305/2016, on the file of the SubRegistrar Office, Red Hills. For Petitioner : Mr.P.Thiagarajan For Respondents: Mr. T.M.Pappiah, Special Government Pleader (For R1 to R4)

O R D E R

When it is pointed out by Mr. T.M. Pappiah, Learned Special Government Pleader, who takes notice for the First to Fourth Respondents that once a document has been registered, the Registering authority cannot cancel the registration even https://hcservices.ecourts.gov.in/hcservices/

if his attention is invited to some irregularity committed during the registration of the document and that the aggrieved party has to challenge the registration and validity of the document before the Civil Court as held by the Hon'ble Supreme Court of India in Satya Pal Anand Vs. State of Madhya Pradesh, [(2016) 10 SCC 767], Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar ssi/arb To

1. The Secretary to Government, Commercial and Registration Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2. The Inspector General of Registration, No.100, Santhome High Road, Mulluma Nagar, Mandavelipakkam, Raja Annamalaipuram, Chenai-600 028.

3. The District Registrar, North Chennai.

4. The Sub-Registrar, Sub-Registrar Office-Red Hills, No.44/5, Vallalar Street, Red Hills, Chennai-600 052.

+1cc to the Government Pleader, S.R.No. 102511 W.P. No. 33993 of 2019 VBA(CO) GN(03/01/2020) https://hcservices.ecourts.gov.in/hcservices/