G.Manikandan v. The Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.Nos.38536 & 38537 of 2024 W.M.P.Nos.41742, 41743, 41744 & 41745 of 2024 1.Mr.G.Manikandan 2.S.Rajeswari 3.G.Lily Mary 4.A.Gunasekaran 5.G.Arunachalam 6.M.Parameswaran 7.K.Ramesh 8.G.Uma Govindaraj 9.J.Sankari 10.R.Murugan 11.M.Mariammal 12.D.Rathinamala 13.S.Helena 14.M.Amudha 1/7
15.J.Sivakumar 16.Manju Bala Panda 17.T.Immanuel 18.G.Somasundaram 19.S.Kokila 20.D.Saraswathi 21.S.Santhi 22.A.Dharmendra Babu 23.R.Djearam 24.A.Jagnyanarayan Dass 25.K.Gopi 26.Souciammalle W.s.
27.S.Jayashri 28.Umamaheswari 29.R.Babu
...Petitioners in both
W.P.'s Vs 1.The Inspector General of Registration No.100, Santhome High Road, Mylapore, Chennai - 600 028.
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2.The District Registrar (Administration) Tindivanam District, No.63/40, Perumal Koil Street, Tindivanam - 604 001.
3.The Sub-Registrar 2/97A, Mayilam Pandi Road, Vanur - 605 109.
4.Singa Senthamizh 5.Krishnakumar 6.Ramcoumar
...Respondents in
both W.P.'s PRAYER in W.P.No.38536 of 2024 :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari, and call for the records pertaining to the impugned order of cancellation dated 31.01.2023 issued in Na.Ka.No. 4752/A3/2022 passed by 2nd respondent and quash the same.
PRAYER in W.P.No.38537 of 2024 :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, and direct the third respondent to remove the entry as appearing in the encumbrance certificate relating to the impugned order of cancellation dated 31.01.2023 issued in Na.Ka.No. 4752/A3/2022 passed by 2nd respondent.
In Both W.P's:- For Petitioners : Mr.Hari Radhakrishnan For Respondents : Mr.P.Harish (For R1 to R3) Government Advocate 3/7
ORDER
The present Writ Petitions have been filed to quash the proceedings in Na.Ka.No.4752/A3/2022 dated 31.01.2023 passed by the second respondent and to direct the third respondent to remove the entry as appearing in the encumbrance certificate relating to the impugned order of cancellation dated 31.01.2023 issued in Na.Ka.No. 4752/A3/2022.
2.The petitioners purchased the vacant plots from one A.S.Kumaravelu. The initial owners of the properties executed a power of attorney in favour of A.S.Kumaravelu, who in turn sold the same to the petitioners after establishing a layout in the name and style of "Sri Sivadurga Nagar" vide registered sale deeds. It is seen that EC of their respective properties were cancelled. Therefore, petitioners filed protest petition before the Sub-Registrar, Vanur, requesting not to register any document pertaining to the properties in dispute. The second respondent without issuing any notice to the petitioners had cancelled the sale deeds executed in favour of the petitioners. Since this cancellation was against 4/7
the dicta of the Division Bench of this Court in the case of M.Kathirvel Vs. Inspector General of Registration, Department of Registration and Others [reported in 2024 (4) CTC 769], the Writ Petition has to be allowed and the impugned order is to be set aside. Accordingly, the present Writ Petition is allowed and the impugned order bearing No. Na.Ka.No.4752/A3/2022 dated 31.01.2023 is set aside and consequently, third respondent is directed to remove the entry as appearing in the encumbrance certificate pursuant to the impugned order within a period of three weeks from the date of receipt of copy of this order.
3.Accordingly, the Writ Petition is allowed. Consequently, connected miscellaneous petitions are closed. No costs. 18.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 5/7
To 1.The Inspector General of Registration No.100, Santhome High Road, Mylapore, Chennai - 600 028.
2.The District Registrar (Administration) Tindivanam District, No.63/40, Perumal Koil Street, Tindivanam - 604 001.
3.The Sub-Registrar 2/97A, Mayilam Pandi Road, Vanur - 605 109.
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P.T.ASHA , J, ep W.P.Nos.38536 & 38537 of 2024 W.M.P.Nos.41742, 41743, 41744 & 41745 of 2024 18.12.2024 7/7