Madras High CourtWP/40053/2024disposed of

C.Sankar v. The Deputy Inspector General Of Registration

2025-04-21Honourable Mr Justice N. Anand Venkatesh12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2026 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP Nos.7167 & 7168 of 2025 WP.No.40053 of 2024 C.Sankar .... Petitioner -Vs1.The Deputy Inspector General of Registration Office of Deputy Inspector General of Registration Combined Registration Office Complex Veppamaratheru, Velapadi Vellore.

2.The District Registrar (Administration) Office of the District Registrar Thirupathur.

3.The Joint II Sub Registrar Office of the Sub-Registrar Thirupathur Taluk Office Campaus 1014, Government Gardens Thirupathur-635 601.

4.R.Boopal .. Respondents 1 / 12

Prayer in WP.No.40053 of 2024 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding vide Refusal Check Slip having reference No.RFL/2 dated 06.12.2024, on the file of the 3rd respondent, quash the same and consequently direct the 3rd respondent to register the settlement deed dated 06.12.2024 presented by the writ petitioner for registration and release the document to the writ petitioner within a time period to be stipulated by this Court.

WP.No.6510 of 2025 C.Sankar .... Petitioner -Vs1.The Deputy Inspector General of Registration Office of Deputy Inspector General of Registration Combined Registration Office Complex Veppamaratheru, Velapadi Vellore.

2.The District Registrar (Administration) Office of the District Registrar Thirupathur.

3.The Joint II Sub Registrar Office of the Sub-Registrar Thirupathur Taluk Office Campaus 1014, Government Gardens Thirupathur-635 601.

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4.R.Boopal .. Respondents Prayer in WP.No.6510 of 2025 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the impugned order of the 2nd respondent vide proceedings having reference No.132/A2/2022 dated 28.11.2022 and the impugned order of the 1st respondent vide proceedings having Ref.No.5778/A1/2022 dated 25.4.2023 and signed on 25.04.2023 confirming the order of the 2nd respondent, quash the same.

For Petitioner : Mr.R.Bharath Kumar (both WPs) For Respondents : Mr.U.Baranidharan (both WPs) Special Government Pleader for R1 to R3 COMMON ORDER It is submitted by the learned counsel for the petitioner that, in the cause title in W.P.No.40053 of 2024, the 4th respondent name has been wrongly mentioned as 'R.Gopal' instead of 'R.Boopal'. It is further submitted that, in paragraph 9 of the order, in the 7th line, the date of the release deed has been wrongly mentioned as '23.11.2025' instead of '23.11.2015'. Further, in the same paragraph, in the 8th line, the extent of land has been wrongly mentioned as '1.75 acres' instead of '1.57 acres'.

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N.ANAND VENKATESH, J.

2. Hence, the Registry is directed to carry out necessary corrections and issue corrected order copy to the parties.

18.02.2026 mp To 1.The Deputy Inspector General of Registration Office of Deputy Inspector General of Registration Combined Registration Office Complex Veppamaratheru, Velapadi Vellore.

2.The District Registrar (Administration) Office of the District Registrar Thirupathur.

3.The Joint II Sub Registrar Office of the Sub-Registrar Thirupathur Taluk Office Campaus 1014, Government Gardens Thirupathur-635 601.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025 CORAM :

2.The District Registrar (Administration) Office of the District Registrar Thirupathur.

3.The Joint II Sub Registrar Office of the Sub-Registrar Thirupathur Taluk Office Campaus 1014, Government Gardens Thirupathur-635 601.

4.R.Gopal .. Respondents 5 / 12

Prayer in WP.No.40053 of 2024 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding vide Refusal Check Slip having reference rd No.RFL/2 dated 06.12.2024, on the file of the 3 respondent, quash the same and rd consequently direct the 3 respondent to register the settlement deed dated 06.12.2024 presented by the writ petitioner for registration and release the document to the writ petitioner within a time period to be stipulated by this Court. WP.No.6510 of 2025 C.Sankar .... Petitioner -Vs1.The Deputy Inspector General of Registration Office of Deputy Inspector General of Registration Combined Registration Office Complex Veppamaratheru, Velapadi Vellore.

2.The District Registrar (Administration) Office of the District Registrar Thirupathur.

3.The Joint II Sub Registrar Office of the Sub-Registrar Thirupathur Taluk Office Campaus 1014, Government Gardens Thirupathur-635 601.

4.R.Boopal .. Respondents 6 / 12

Prayer in WP.No.6510 of 2025 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to nd the impugned order of the 2 respondent vide proceedings having reference st No.132/A2/2022 dated 28.11.2022 and the impugned order of the 1 rrespondent vide proceedings having Ref.No.5778/A1/2022 dated 25.4.2023 and signed on 25.04.2023 nd confirming the order of the 2 respondent, quash the same.

For Petitioner : Mr.R.Bharath Kumar (both WPs) For Respondents : Mr.P.Harish (both WPs) Government Advocate for R1 to R3 COMMON ORDER nd WP.No.6510 of 2025 has been filed challenging the proceedings of the 2 st respondent dated 28.11.2022 and the proceedings of the 1 respondent dated nd 25.04.2023, confirming the order passed by the 2 respondent.

2.WP.No.40053 of 2024, has been filed challenging the refusal check slip issued rd rd by the 3 respondent dated 06.12.2024 and for a consequential direction to the 3 respondent to register the settlement deed executed by the petitioner in favour of his wife.

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3.Heard Mr.R.Bharath Kumar, learned counsel for the petitioner and Mr.P.Harish, learned Government Advocate for R1 to R3.

4.The property measuring an extent of 19.36 acres originally belonged to the grandfather of the petitioner. He died intestate leaving behind his legal heirs. After th the demise of the grandfather, the petitioner's father and the father of the 4 respondent partitioned the property through a partition deed dated 24.06.2005 registered as Document No.3512 of 2005. The petitioner's father was allotted 10.14 th 1⁄4 acres and the 4 respondent's father was allotted 9.21 1⁄2 acres. 5.The petitioner's father died on 01.10.2011 leaving behind the petitioner and his mother and also two sisters. The two sisters released their share in the property through a release deed dated 23.11.2015, which was registered as Document No.10454 of 2015. However, they had included an extent of 1.57 acres which belongs th to the 4 respondent as one of the item in the release deed. th 6.The release deed dated 23.11.2015 was put to challenge by the 4 nd nd respondent before the 2 respondent. The 2 respondent through proceedings dated 8 / 12

28.11.2022, cancelled the settlement deed in exercise of power under Section 77-A of st the Registration Act. An appeal was filed before the 1 respondent and it was confirmed by an order dated 25.04.2023. Aggrieved by the same, the present writ petition in WP.No.6510 of 2025, has been filed before this Court. 7.The petitioner wanted to settle the property in favour of his wife and when rd the document was presented for registration, the 3 respondent issued the refusal check slip on the ground that the earlier document has been cancelled by the District Registrar which was confirmed by the DIG of registration. Aggrieved by the same, the other writ petition has been filed in WP.No.40053 of 2024. 8.The petitioner has taken a very specific stand in the affidavit that 1.57 acres th belonging to the 4 respondent was included as one of the item in the release deed that was executed on 23.11.2015 by oversight and that the petitioner is willing to rectify the said mistake.

9.The power of the District Registrar to cancel a registered document under Section 77-A of the Registration Act has been declared to be unconstitutional by the Division Bench of this Court in M. Kathirvel v. Inspector General of Registration Department and Others reported in 2024 4 CTC 769. Therefore, the order 9 / 12

nd st passed by the 2 respondent and which was confirmed by the 1 respondent has to be held as non-est in the eye of law. However, considering the fact that the petitioner is willing for rectification of the mistake that had crept in while the release deed dated 23.11.2025, was executed by the sisters in favour of the petitioner by adding 1.75 th acres of the land belonging to the 4 respondent, there shall be a direction to the petitioner to take necessary steps to rectify the said mistake by means of a rd rectification deed. If such rectification deed is presented for registration before the 3 respondent, the same shall be entertained and registered, if it is otherwise in order.

th After the rectification deed is executed and the property belonging to the 4 respondent is deleted from the schedule of property, it is left open to the petitioner to execute the settlement deed in favour of his wife. The same shall be entertained by rd the 3 respondent and registered if it is otherwise in order. 10.Both the writ petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 21.04.

To 1.The Deputy Inspector General of Registration Office of Deputy Inspector General of Registration Combined Registration Office Complex Veppamaratheru, Velapadi Vellore.

2.The District Registrar (Administration) Office of the District Registrar Thirupathur.

3.The Joint II Sub Registrar Office of the Sub-Registrar Thirupathur Taluk Office Campaus 1014, Government Gardens Thirupathur-635 601.

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N.ANAND VENKATESH, J.

KP 21.04.2025 12 / 12