Balasubramanian v. The Deputy Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)Nos.4145 and 4146 of 2023 Balasubramanian ... Petitioner Vs.

1.The Deputy Inspector General Of Registration, Madurai Region, Madurai.

2. The District Registrar, Virudhunagar District, Virudhunagar.

3. The Sub-Registrar, Joint-II Sub Registrar Officer, Virudhunagar.

4.V. Nagaraj,

...Respondents

PRAYER : Writ Petition is 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 passed by the 1st respondent in Na.Ka. No.9235/A4/2022 dated 31.10.2022 and quash the same as illegal and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the 1/4

case and thus render justice.

For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.G.Suriya Ananth Additional Govt. Pleader for R1 to R3 M/s.G.Mariappan for R4

ORDER

The present Writ Petition has been filed to quash the impugned order passed by the 1st respondent in Na.Ka. No.9235/A4/2022 dated 31.10.2022. 2.The 4th respondent herein has filed a complaint before the official respondents to cancel the sale deed dated 08.02.2016. After considering the complaint, the present impugned order was passed under Section 68(2) of the Registration Act. Section 68 of the Registration Act was also 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, any complaint cannot be entertained if it involves the title dispute among the parties. Further, even if it is held that the document was executed fraudulently. The cancellation of such documents cannot be entertained by the official respondents, since it is coming within the domain of the civil Court. Therefore, the impugned order cannot be sustained in the eye of law. 2/4

3.Accordingly, this writ petition stands allowed. The impugned order passed by the 1st respondent in Na.Ka. No.9235/A4/2022 dated 31.10.2022 is hereby quashed. However, in order to protect the interests of the fourth respondent, the fourth respondent is directed to file a civil suit within a period of three months and obtain an interim injunction within the said stipulated period. Until three months, the petitioner is restrained from encumbering the property. All issues between the parties are left open. No costs. Consequently, the connected writ miscellaneous petitions are closed.

29.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg To 1.The Deputy Inspector General Of Registration, Madurai Region, Madurai.

2. The District Registrar, Virudhunagar District, Virudhunagar.

3. The Sub-Registrar, Joint-II Sub Registrar Officer, Virudhunagar. 3/4

S.SRIMATHY , J.

vsg ORDER MADE IN DATED :29.08.2025 4/4