Rajamani v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.1039 of 2022 Rajamani ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai-600028.

2.The District Registrar, District Registrar Office, Virudhunagar, Virudhunagar District.

3.The Sub Registrar, Sub Registrar Office, Sattur, Virudhunagar District.

4.Tathagata Lahari 5.Tarlochan Singh 6.Hrudaya Chaitanya Sahoo 7.Sushant Nayak ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd Respondent to cancel the sale deed registered as Document No.3219/2007, dated 17.04.2007 on the file of the 3rd Respondent. For Petitioner : Mr.R.Murugappan For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 to R3

ORDER

Heard both sides.

2. The prayer in the writ petition is for cancelling the sale deed dated 17.04.2007 registered on the file of the third respondent. During the relevant time, there was neither any statutory provision nor any circular empowering the authority to do so. I have already held that Section 77 A of the Registration Act is not retrospective. The petitioner has to necessarily establish his rights only before the jurisdictional Civil Court. Granting such liberty to the petitioner, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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To 1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai-600028.

2.The District Registrar, District Registrar Office, Virudhunagar, Virudhunagar District.

3.The Sub Registrar, Sub Registrar Office, Sattur, Virudhunagar District.

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G.R.SWAMINATHAN, J.

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