M.Moorthi v. The District Registrar (Administration)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.01.2025

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.Nos.42105, 42106 & 42107 of 2024 1.M.Moorthi 2.M.Sakthivel

...Petitioners

Vs.

1.The District Registrar (Administration), Namakkal District, Namakkal.

2.The Sub-Registrar, The Sub Register Office, Thiruchengode.

3.P.Murugaiyan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order of the 1st respondent dated 12.06.2023 vide his proceedings in Na.Ka.1594/A7/2023 and to quash the same as erroneous and arbitrary and consequentially direct the respondents No.1 and 2 herein to restore the 1/4

validity of the settlement deed dated 16.09.2013 vide Document No.7690/2013.

For Petitioners : Mr.M.Guruprasad For Respondents : Mr.M.Shahjahan for R1 & R2 Special Government Pleader

O R D E R

Questioning the unilateral cancellation of the document, the Writ Petitioner is before this Court.

2.The cancellation has been made on the strength of the provisions of Section 77-A of the Registration Act. 3.Since the matter is covered by the orders of the Division Bench of this Court in M.Kathirvel and others Vs. Inspector General of Registration reported in 2024 (4) CTC 769, this Court is not going into the facts of the case.

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4.In the light of the Judgment passed by the Division Bench of this Court in M.Kathirvel and others Vs. Inspector General of Registration - 2024 (4) CTC 769, this unilateral cancellation is invalid. 5.Accordingly, the Writ Petition is allowed. The impugned order is set aside. No costs. Consequently, connected miscellaneous petitions are closed.

06.01.2025 Index : Yes/No Speaking Order : Yes/No : Yes/No pam To 1.The District Registrar (Administration), Namakkal District, Namakkal.

2.The Sub-Registrar, The Sub Register Office, Thiruchengode.

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P.T.ASHA, J.

pam 06.01.2025 4/4