Rajkumar v. The Deputy Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Rajkumar ... Petitioner Vs.

1.The Deputy Inspector General of Registration, 2nd Floor, Government Multi-Storied Building, Kajamalai, Mannarpuram, Trichy-620 020.

2.The District Registrar, Integrated Court Campus, Thirumayam Road, Pudukkottai-622001.

3.Ganeshan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the proceedings pending before him in Na.Ka.4600/A2/2022, within the time that may be stipulated by this Court. For Petitioner : Mr.SM.Arum Kumaar For R1 & R2 : Mr.M.Siddharthan, Additional Government Pleader 1/4

ORDER

The petitioner seeks a direction to the 2nd respondent to dispose of the proceedings pending before him in Na.Ka.4600/A2/2022, within the time that may be stipulated by this Court.

2.It is the case of the petitioner that the petitioner and others purchased several portions in S.No.213/22 from one Manikam and obtained joint patta. In such circumstances, the father of the 3rd respondent has made a false claim that he purchased the property in question from one Veeraya Chettiar through a registered settlement deed dated 19.01.2009. Therefore, the petitioner sent a representation dated 02.09.2022 to the respondents 1 and 2, seeking cancellation of the said settlement deed. Pursuant to the same, though proceedings has been initiated by the 2nd respondent, the same is still pending. Therefore, the petitioner has filed this Writ Petition. 3.It is seen that the very Section 77(A) inserted under Registration Act is struck down by the Division Bench of this Court in W.P.No.10291 of 2022 batch. That apart fraudulent transaction cannot be gone into by the authorities, which has to be established in the manner known to law before the civil Court as per Satya Pal Anand v. State of M.P.[ 2016 10 SCC 767] and G. 2/4

Rajasulochana v Inspector General made in W.P 29706 of 2024 dated 16.04.2024. Accordingly, this Writ Petition is dismissed. No costs. 05.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Deputy Inspector General of Registration, 2nd Floor, Government Multi-Storied Building, Kajamalai, Mannarpuram, Trichy-620 020.

2.The District Registrar, Integrated Court Campus, Thirumayam Road, Pudukkottai-622001.

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N.SATHISH KUMAR, J Yuva 05.09.2024 4/4