Paul Nadar v. The Inspector Of General (Registration Department)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.3498 of 2024 Paul Nadar ...Petitioner Vs.

1. The Inspector of General (Registration Department), Office of the Inspector of General, No.100, Santhome High Road, Chennai-600 028.

2. The Deputy Inspector of General (Registration Department), Office of the Deputy Inspector of General, Tirunelveli.

3. The District Registrar (Admin), Office of District Registrar, Kanyakumari

4. The Sub Registrar, Rajakkamangalam Sub Registrar Office, Kanyakumari District

5. Ponnusamy,

...Respondents

PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari calling for the records pertaining to 1/5

the impugned orders passed by the 2nd respondent in his proceedings in Na.Ka.No. 6144/U/2022 dated 26.12.2023 is illegal and quash the same. For Petitioner : Mr.S.M.Mohan Gandhi For R-1 to R-4 : Mr.S.Surya Anandh, Additional Government Pleader

ORDER

The present Writ Petition has been filed to quash the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No. 6144/U/2022 dated 26.12.2023.

2.The respondents have conducted an enquiry under Section 68(2) of the Registration Act. Section 68 of the Registration Act was struck down,and the circular issued under Section 68 of the Registration Act was held to be null and void. Thereafter, the respondent has amended the Act and introduced 77-A of the Registration Act and the same was also struck down by the Honourable Division Bench of this Court. Therefore, the present impugned order is liable to be quashed.

3.The impugned order was passed based on the complaint filed by the 5th respondent, who is the brother of the petitioner. Therefore, the 5th respondent is directed to file civil suit within a period of four months from the date of receipt of 2/5

the copy of the order. Until four months, the petitioner is restrained from encumbering the property. The parties are directed to adhere to the outcome of the interim order that would be considered in the suit. 4.Accordingly, this writ petition stands allowed. The impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No. 6144/U/2022 dated 26.12.2023, is hereby quashed. No costs. Consequently, the connected wri miscellaneous petition is also closed.

29.08.2025 NCC : Yes / No Internet : Yes vsg 3/5

To:

1. The Inspector of General (Registration Department), Office of the Inspector of General, No.100, Santhome High Road, Chennai-600 028.

2. The Deputy Inspector of General (Registration Department), Office of the Deputy Inspector of General, Tirunelveli.

3. The District Registrar (Admin), Office of District Registrar, Kanyakumari

4. The Sub Registrar, Rajakkamangalam Sub Registrar Office, Kanyakumari District.

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S.SRIMATHY , J.

vsg ORDER MADE IN DATED : 29.08.2025 5/5