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Madras High CourtWP/35325/2023disposed of

P.T.Soundararajan v. The Inspector General Registration

2023-12-21Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.35325 of 2023 and W.M.P.Nos.35295 and 35297 of 2023

1. P.T.Soundararajan

2. P.T.Badrinarayanan

3. P.T.Seshadri

4. Mrs.Usha Badrinarayanan

5. Mrs.Geetha Soundararajan

6. Kothai Seshadri ... Petitioner Vs.

1. The Inspector General of Registration No.100, Santhome High Road, Pattinapakkam, Chennai - 600 028

2. The District Registrar South Chennai District Integrated Building for Offices of the Commercial Taxes and Registration Department Fanepet, Nandanam, Chennai-600 035.

3. The Sub Registrar Office of the Joint-1 Sub Registrar Saidapet, Chennai - 600 015

4. Mrs.P.Kanakavalli ... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari to call for the records in relation to the impugned deed of cancellation dated 22.08.2013 executed by the 4th respondent and registered before the 3rd respondent under Document No.8742/2013 and quash the same as illegal and non-est and against the violation of law. For Petitioner : Mr.J.D.Srikanth Varma For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1 to R3

ORDER

This Writ Petition is filed seeking a Writ of Certiorari to call for the records in relation to the impugned deed of cancellation dated 22.08.2013 executed by the 4th respondent and registered before the 3rd respondent under Document No.8742/2013 and quash the same as illegal and non-est and against the violation of law.

2. Heard and perused the materials available on record.

3. The petitioners are challenging the unilateral cancellation of release deed in the year 2013. But the petitioners have not given any reason as to why they were waiting for 10 years and all of a sudden woke up and filed this 2/5

Writ Petition.

4. The learned counsel for the petitioners submitted that a civil suit is pending and therefore, they were awaiting the outcome of the suit. As the said civil suit is yet to be disposed of, they have filed this petition.

5. Admittedly, a civil suit between the parties is pending. Therefore, the petitioners are directed to work out their remedy in the civil suit in the manner known to law.

6. With the above observations, this Writ Petition is disposed of at the admission stage itself. Consequently, connected Miscellaneous Petition in WMP No.35297 of 2023 is closed and the WMP No.35295 of 2023 is ordered as full court fee has already been paid. There shall be no order as to costs.

21.12.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Inspector General of Registration No.100, Santhome High Road, Pattinapakkam, Chennai - 600 028

2. The District Registrar South Chennai District Integrated Building for Offices of the Commercial Taxes and Registration Department Fanepet, Nandanam, Chennai-600 035.

3. The Sub Registrar Office of the Joint-1 Sub Registrar Saidapet, Chennai - 600 015 4/5

P.VELMURUGAN. J.

Ksa-2 21.12.2023 5/5