Raghavendran v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.39066 of 2024 Raghavendran ... Petitioner Vs.

1.The Inspector General Of Registration Office Of Inspector General Of Registration, No.100, Santhome Highway, Pattinampakkam, Chennai-28 2.The District Registrar (Administration) The District Registrar Office, Salem(West), Salem 3.The Sub Registrar The Office Of Sub Registrar, Omalur, Salem District

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the record of the 2nd respondent in connection with the impugned order vide Na.Ka.No.11713/E4/2022 dated 23.8.2023 and to quash the same as illegal and unconstitutional and to consequently direct the 3rd respondent to 1/4

remove the entry made by the 3rd respondent in the description of Encumbrance certificate relating to the proceedings of the 2nd respondent in Na.Ka.No.11713/E4/2022 dated 23.8.2023 in cancelling Sale Deed Doc.No.8124/2012 pending on the file of SRO Omalur, For Petitioner : M/s.C.Mohammed Assef For Respondents : M/s.C.Meera Arumugam, Spl.GP.

for R.1 to R.3.

O R D E R

The Writ Petition is filed to quash the impugned order dated 23.08.2023 passed by the 2nd respondent, in Na.Ka.No.11713/E4/2022.

2. Aggrieved by the order of the 2nd respondent dated 23.08.2023 cancelling the sale deed in Document No.8124/2012, on the basis of Section 77-A of the Registration Act, the petitioner is before this Court.

3. In the light of the Judgement passed by the Division Bench of this Court in M.Kathirvel Vs. Inspector General of Registration - 2024 (4) CTC 769, the order passed by the 2nd respondent cancelling the above said documents cannot be sustained.

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4. Accordingly, the Writ Petition is allowed. The impugned order is quashed. Consequently, the connected miscellaneous petition is closed. No costs.

29.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Inspector General Of Registration Office Of Inspector General Of Registration, No.100, Santhome Highway, Pattinampakkam, Chennai-28 2.The District Registrar (Administration) The District Registrar Office, Salem(West), Salem 3.The Sub Registrar The Office Of Sub Registrar, Omalur, Salem District P.T. ASHA . J., 3/4

(shr) and W.M.P.No.39066 of 2024 29.11.2024 4/4