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Madras High CourtWP(MD)/3022/2023allowed

Ganesan.S v. The Inspector General Of Registration

2025-08-25Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD).Nos.2842 and 2844 of 2023 S.Ganesan ... Petitioner Vs 1.The Insepctor General of Registration, Santhome High Road, Mandavelipakkam, Chennai-600 028.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The District Registrar (Registration), Virudhunagar.

4.The Tahsildar, Kariapatti Taluk, 1/5

5.The Sub Registrar, Kariapatti, 6.Kannan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order dated 02.12.2022 in Na.Ka.No.5404/A4/2021 passed by the third respondent and quash the same.

For Petitioner : Mr.V.Sasikumar For Respondents : Mr. G. Suriya Ananth (for R1 to R5) Additional Government Pleader Mr.V.R.G.Mohan (for R6)

ORDER

The present writ petition is filed to quash the impugned order dated 02.12.2022 in Na.Ka.No.5404/A4/2021 passed by the third respondent. 2.The 6th respondent had submitted an application before the authority to cancel the documents in Doc.No.93/1982, 1797/1982 and 565/1984. After considering the claim of the the 6th respondent, the third respondent has observed that the above said documents have been registered illegally, since the Patta was already cancelled. Simultaneously, the Authority has also directed the petitioner to 2/5

approach the appropriate civil Court to file a suit. Even if it is filed, the observation made supra would affect the rights of the parties and therefore, this Court is inclined to set aside the same.

3.Accordingly, this writ petition stands allowed. The impugned order dated 02.12.2022 in Na.Ka.No.5404/A4/2021 passed by the third respondent is hereby quashed. The petitioner and the sixth respondent are directed to approach the competent Civil Court to establish their rights. 4.With the above observations, this writ petition stands allowed. There shall be no order as to costs. Consequently, the connected writ miscellaneous petitions are closed.

25.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg 3/5

To 1.The Insepctor General of Registration, Santhome High Road, Mandavelipakkam, Chennai-600 028.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The District Registrar (Registration), Virudhunagar.

4.The Tahsildar, Kariapatti Taluk, 5.The Sub Registrar, Kariapatti, 4/5

S.SRIMATHY , J.

vsg ORDER MADE IN DATED :25.08.2025 5/5