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Madras High CourtWP/46097/2025disposed of

P.Babu v. The Inspector General Of Registration

2025-11-28Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY P.Babu S/o. Pazhani, No. 332 , 15 Cuddalore Road Virudhachalam, Vridhachalam (taluk ) Cuddalore (district) Petitioner(s) Vs

1. The Inspector General Of Registration Registration Department Santhome Road Mylapore Chennnai 2.The District Registrar Registration Department , Cuddalore District, Cuddalore 3.The Sub Registrar Nallur Veppur Taluk Cuddalore District 4.D.Kamalam W/o. Dharmalinga, A.Chithur Village, Veppur Thaluk, Cuddalore District Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to dispose the appeal which pending in before the 1st respondent subsequently direct the 1st respondent to record his proceeding in Encumbrance Records by considering the representation of the petitioner dated on 9.11.2025 accordance with law.

For Petitioner(s):

A.Balaji For Respondent:

Mr.Abishek Murthy, GA for R1 to R3

ORDER

This writ petition has been filed to direct the 1st respondent to dispose the appeal filed by the petitioner and subsequently, direct the 1st respondent to record his proceeding in Encumbrance Records by considering the representation of the petitioner dated on 09.11.2025 accordance with law.

2. Mr.Abishek Murthy, learned Government Advocate, takes notice on behalf of the respondents 1 to 3.

3. By consent of the parties, the main petition is taken up for disposal at the admission stage itself.

4. The learned counsel for the petitioner would submit that in this case, the petitioner had purchased the subject property vide sale deed dated 27.12.2024. Upon verification, it appears that the 4th respondent, being a 3rd party, had fraudulently purchased the said property in the year 1990 from one Ganesan, who had no right or title over the property. Therefore, the petitioner had made a representation dated 21.05.2025 to cancel the aforesaid forged sale

deed of the 4th respondent. However, the 2nd respondent had refused to do so, by stating that he has no power to cancel the sale deed. Subsequently, the petitioner filed an appeal before the 1st respondent, to declare the 4th respondent's sale deed as forged document. However, the said appeal was not at all considered by the 1st respondent till date. Hence, this petition.

5. In reply, the learned Government Advocate appearing for the respondents would submit that the petitioner's appeal will be disposed of within a period of 6 weeks.

6. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and also perused the entire materials available on record.

7. In the case on hand, the petitioner had purchased the subject property vide sale deed dated 27.12.2024. Upon verification, it appears that the 4th respondent, being a 3rd party, had fraudulently purchased the said property in the year 1990 from one Ganesan, who had no right or title over the property. Therefore, the petitioner had made a representation dated 21.05.2025 to cancel the aforesaid forged sale deed of the 4th respondent. However, the 2nd respondent had refused to do so, by stating that he has no power to cancel the sale deed. Subsequently, the petitioner filed an appeal before the 1st respondent, to declare

the 4th respondent's sale deed as forged document. However, the said appeal was not at all considered by the 1st respondent till date.

8. In view of the above, this Court directs the 1st respondent to dispose of the appeal filed by the petitioner, on merits and in accordance with law, within a period of 6 weeks from the date of receipt of a copy of this order.

9. With the above directions, this writ petition is disposed of. No cost. 28-11-2025 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector General Of Registration Registration Department Santhome Road Mylapore Chennnai 2.The District Registrar Registration Department , Cuddalore District, Cuddalore 3.The Sub Registrar Nallur Veppur Taluk Cuddalore District 4.D.Kamalam W/o. Dharmalinga, A.Chithur Village, Veppur Thaluk, Cuddalore District

KRISHNAN RAMASAMY J.

nsa 28-11-2025