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Madras High CourtWP(MD)/9256/2022dismissed

Sivaprakash v. The State Of Tamil Nadu

2024-08-09Honourable Mr Justice N. Sathish Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 09/08/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR WP(MD). No.9256 of 2022 and WMP(MD) Nos.6628, 6630 and 6631 of 2022 Sivaprakash ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by the Inspector General, Registration Department Office, 100, Santhome High Road, Mullima Nagar, Mandhavelipakkam, Raja Annamalaipuram, Chenna.

2. The Deputy Registrar of Registration, Deputy Registrar Office, Integrated Registration Office Complex, Rajakambeeram, Y.Othakadai, Madurai - 625 107..

3. The District Registrar (Administration), Madurai South, Madurai..

4. The Sub - Registrar, Peraiyur Sub Registrar Office, Peraiyur..

5. Shanmugam.V.

6. Natarajan.V, 1/5

7. Alagarsamy.V,

8. Chellaponnu,

9. Ragupathi, Village Administrative Officer, T.Kallupatti, Madurai District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire record pertaining to the impugned order in Na.Ka.No.4585/Aa2/2021 dated 09.03.2022 passed by the 3rd respondent and quash the same as illegal and consequently direct the 3rd respondent to conduct fresh enquiry after affording opportunity of hearing. For Petitioner : M/s. Vishnuvarthanan .P.M, For Respondents : Mr. P.Subbaraj for R1 to R4 Special Government Pleader Mr.P.Ganapathi Subramanian for R5 to R8

ORDER

Challenging the impugned order dated 09.03.2022 of the 3rd respondent and to direct the 3rd respondent to conduct fresh enquiry after affording opportunity of hearing, this writ petition has been filed. 2/5

2. The petitioner sought to cancel the settlement deed during the year 2015 in Doc Nos.4506 to 4509 on the ground that the death certificate of one Pandaram has been forged and therefore, he gave a representation to cancel the document. The District Registrar rejected the same.

3.The learned counsel for the petitioner would submit that IA No. 294/2021 in O.S.No.104/2016 is pending on the file of the District Munsif Court, Peraiyur is pending between the parties.

4. In such view of the matter, let the parties agitate their right in the pending suit. As far as the registration of the document is concerned, the registering authority has no power to cancel the registration in view of the decision in G.Raja Sulochana v. Inspector General (WP No. 29706 of 2024 dated 16.04.2024). Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petitions are closed.

09.08.2024 RR 3/5

TO

1. The Inspector General, Registration Department Office, 100, Santhome High Road, Mullima Nagar, Mandhavelipakkam, Raja Annamalaipuram, Chenna.

2. The Deputy Registrar of Registration, Deputy Registrar Office, Integrated Registration Office Complex, Rajakambeeram, Y.Othakadai, Madurai - 625 107..

3. The District Registrar (Administration), Madurai South, Madurai..

4. The Sub - Registrar, Peraiyur Sub Registrar Office, Peraiyur..

4/5

N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.9256 of 2022 Date : 09/08/2024 5/5