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Madras High CourtWP/37315/2024dismissed

R.Periyasamy v. The Addl. Registrar General

2024-12-11Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Periyasamy ... Petitioner Vs.

1.The Addl. Registrar General No.100, Santhome High Road, Mullima Nagar, R.A Puram, Chennai-28.

2.The District Registrar (Admn) Namakkal District, Namakkal.

3.The Sub Registrar Namagiripettai, Rasipuram Taluk, Namakkal District.

4.M.Gopi

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the Respondents 1 to 3 particularly the 2nd respondent to take necessary action to cancel the subject sale Deed dated 16.08.2010 registered as Doc. NO. 1518/ 2010, SRO, Namagiripettai for the property, situated at Seerapalli village, Rasipuram Taluk and District, patta No. 412, comprised in S.NO.190/4C 1/4

and S.No. 190/1c, to an extent of 0.20 cents, out of 0.40 cents on the basis of the petitioners representation dated 14.09.2024. For Petitioner : M/s.R.Thanjan For Respondents : M/s.C.Sathish, Govt. Advocate for R.1 to R.3.

O R D E R

The petitioner seeks a direction to Respondents 1 to 3 particularly the 2nd respondent to take necessary action to cancel the subject sale Deed dated 16.08.2010 registered as Doc. NO. 1518/ 2010, SRO, Namagiripettai for the property, situated at Seerapalli Village, Rasipuram Taluk and District, Patta No. 412, comprised in S.NO.190/4C and S.No. 190/1C, to an extent of 0.20 cents, out of 0.40 cents on the basis of the petitioner's representation dated 14.09.2024.

2. Heard the learned counsel for the petitioner, the learned Government Advocate accepting notice for respondents 1 to 3.

3. In the light of the judgement of a 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 prayer sought for cannot be granted, as it has been held by the Division 2/4

Bench that the Registering Authority has no power to cancel the document unilaterally.

4. Accordingly, the writ petition is dismissed. No costs. 11.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Addl. Registrar General No.100, Santhome High Road, Mullima Nagar, R.A Puram, Chennai-28.

2.The District Registrar (Admn) Namakkal District, Namakkal.

3.The Sub Registrar Namagiripettai, Rasipuram Taluk, Namakkal District.

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P.T. ASHA . J., (shr) 11.12.2024 4/4