Poongodi v. Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP Nos.22373 and 22374 of 2025 Poongodi : Petitioner Vs.
1.Inspector General of Registration, Santhome High Road, Mylapore, Chennai-600 004.
2.District Registrar, Registration Department, Singapore Plaza, Cross Cut Road, Gandhipuram, 3.The Sub Registrar, Singanallur Sub Register Office, Coimbatore-641 016.
4.Tamil Nadu Housing Board, Represented by its Managing Director, CMDA Campus, E & C Market Road, Koyambedu, Chennai-600 107.
5.The Executive Engineer and Administrative Officer, 1/6
Coimbatore Housing Unit, Tamil Nadu Housing Unit, Tatabad, Coimbatore-641 012.
6.The Commissioner of Police, Coimbatore District, 7.P.Karuppasamy : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, calling for records relating to proceeding passed by the second respondent in Na.Ka.No.303 Aa5/2023 dated 15.09.2023 and quash the same consequently direct the third respondent to cancel the Registration of Doc.No.13961/2023 dated 10.10.2023 on the file of SRO, Singanallur, Coimbatore District executed in favour of 7th respondent by 4th and 5th respondents and pass orders.
For Petitioner : Mr.P.G.Kumaraguru For Respondents : Mr.U.Baranidharan Special Government Pleader for R1 to R3 Mr.R.Kishore Kumar Government Advocate (Criminal Side) for R6 R7-Served-No appearance
ORDER
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Though notice was served to the 7th respondent and Registry was directed to print his name, there is no appearance on behalf of the 7th respondent.
2. The present writ petition is filed challenging the order passed by the second respondent in Na.Ka.No.303 Aa5/2023 dated 15.09.2023 and consequently direct the third respondent to cancel the Registration of Doc.No.13961/2023 dated 10.10.2023 on the file of SRO, Singanallur, Coimbatore District executed in favour of 7th respondent by 4th and 5th respondents
3. Learned counsel for the petitioner as well as respondents would submit that impugned order was passed invoking Section 77A of the Registration Act, 1908 and the above provision has been found to be unconstitutional in the case of of M.Kathirvel vs The Inspector General of Registration, reported in 2024 (4) CTC 769, and therefore the impugned order cannot be sustained.
4. In view thereof, the impugned order dated 15.09.2023 is set aside. The 3/6
writ petition stands disposed of accordingly. It is open to the aggrieved party to seek redressal of its grievance in the manner known to law. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed. 14.07.2025 Speaking (or) Non Speaking Order mrn To 1.Inspector General of Registration, Santhome High Road, 4/6
Mylapore, Chennai-600 004.
2.District Registrar, Registration Department, Singapore Plaza, Cross Cut Road, Gandhipuram, 3.The Sub Registrar, Singanallur Sub Register Office, Coimbatore-641 016.
4.Tamil Nadu Housing Board, Represented by its Managing Director, CMDA Campus, E & C Market Road, Koyambedu, Chennai-600 107.
5.The Executive Engineer and Administrative Officer, Coimbatore Housing Unit, Tamil Nadu Housing Unit, Tatabad, Coimbatore-641 012.
6.The Commissioner of Police, Coimbatore District, MOHAMMED SHAFFIQ, J.
(mrn) 5/6
and WMP Nos.22373 and 22374 of 2025 14.07.2025 6/6