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Madras High CourtWP/40751/2025disposed of

Govindammal v. The Inspector General Of Registration

2026-03-18Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Govindammal ..Petitioner(s) Vs

1. The Inspector General Of Registration No.100 Santhome High Road, Mandavelipakkam, Raja Annamalaipuram, Chennai-600 028.

2. The Deputy Inspector General Of Registration Integrated Building Of Registration Department, Veppamara Street, Velappadi, Vellore -632 001

3. The District Registrar, (administration) O/o. The District Registrar, Vellore District.

4. The Sub District Registrar Sub Registrar Office, Odugathur, Vellore District-632 103

5. S. Poovaraghavan

6. Sornammal

7. Kalidasan

8. Yugendar ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the records relevant to the order in No.5480/E3/2022 dated 12.10.2022 passed by the 3rd Respondent and quash the same as illegal, improper, unreasonable, arbitrary and against the principles of natural justice and thereby direct the 4th respondent to remove the entries of the impugned order in the encumbrance certificate.

For Petitioner(s):

Mr. B.Gopalakrishnan For Respondent(s):

Mr.U.Baranidharan,SGP For R1 to R4 Mr.M.Kamesh, For R5

ORDER

This writ petition has been filed challenging the impugned order dated 12.10.2022 passed by the third respondent under Section 77A of the Registration Act cancelling the sale deed and settlement deed.

2. The Division Bench of this Court by its judgment dated 02.08.2024 passed in W.P.Nos.10291 of 2022 etc.(batch) has held Section 77A of the Registration Act as unconstitutional. Therefore, the impugned order dated 12.10.2022 passed by the third respondent exercising the powers conferred under Section 77A of the Registration Act is arbitrary and illegal, and is liable to be quashed by granting liberty to the respective parties to approach the Civil Court.

3. Accordingly, the impugned order dated 12.10.2022 passed by the third respondent is hereby quashed, in view of the judgment rendered by the Division Bench of this Court in W.P.Nos.10291 of 2022 etc.(batch), dated 02.08.2024, and this writ petition is disposed of. However, the respective parties are granted liberty to approach the Civil Court for cancellation of any registered document,

which, according to them, has been fraudulently registered. The Civil Court shall decide the dispute uninfluenced by any of the observations made in the impugned order or in the grounds of this writ petition, based on oral and documentary evidence let in by the respective parties. No Costs. W.M.P.No.45652 of 2025 is closed.

18-03-2026 RKM To

1. The Inspector General Of Registration No.100 Santhome High Road, Mandavelipakkam, Raja Annamalaipuram, Chennai-600 028

2. The Deputy Inspector General Of Registration Integrated Building Of Registration Department, Veppamara Street, Velappadi, Vellore -632 001

3. The District Registrar, (administration) O/o. The District Registrar, Vellore District.

4. The Sub District Registrar Sub Registrar Office, Odugathur, Vellore District-632 103

ABDUL QUDDHOSE, J.

RKM 18-03-2026