B.Gandhi v. The District Registrar (Administration)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.1121 of 2025 1.B.Gandhi 2.V.M.Elumalai 3.D.Udhayakumar 4.Krishnaveni 5.M.Dhivya ... Petitioners Vs.

1.The District Registrar (Administration) (Assistant Inspector General Of Registration ) Vellore. 2.K.Rajendran 3.C.Sankar

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari, Calling for the entire records pertaining to the impugned order passed by the 1st respondent in proceedings No.2687/E3/ 2022 dated 05.08.2022 and to quash the same as illegal ultra-vires, passed without jurisdiction and thereby render justice. 1/4

For Petitioner : M/s.Ma.P.Thangavel For Respondents : M/s.M.Shahjahan Spl.G.P.

for R.1.

O R D E R

The Writ Petition is filed for the following reliefs:- " Calling for the entire records pertaining to the impugned order passed by the 1st respondent in proceedings No.2687/E3/ 2022 dated 05.08.2022 and to quash the same as illegal ultra-vires, passed without jurisdiction and thereby render justice.."

2. Aggrieved by the order of the 1st respondent dated 05.08.2022, in and by which the 1st respondent had declared the sale deed in Doc.No.1047 of 2019 dated 13.05.2019 and subsequent sale deed in Doc.No.953 of 2022 dated 31.03.2022 as fraudulent documents based on Section 77-A of the Registration Act, the petitioner is before this Court.

3. In the light of the Judgement passed by the Division Bench of this Court in M.Kathirvel Vs. Inspector General of Registration - 2024 (4) CTC 769, the impugned order passed by the 1st respondent dated 05.08.2022 cannot be sustained.

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4. Accordingly, the Writ Petition is allowed. The impugned order is quashed. Consequently, the connected miscellaneous petition is closed. No costs.

20.01.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Registrar (Administration) (Assistant Inspector General Of Registration ) Vellore.

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P.T. ASHA . J., (shr) and W.M.P.No.1121 of 2025 20.01.2025 4/4