Rm. Valliappan v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR RM.Valliappan ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Chennai-600 001.

2.The District Registrar, Madurai South, 171, Palace Road, Madurai.

3.The Joint Sub Registrar, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to cancel the Document Nos.15355/2010 and 15356/2010 on the file of the third respondent as per the first respondent's circular no.67 date 03.11.2011 1/4

For Petitioner : Mr.R.S.T.Ravanan @ Ramasubramanian For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader

ORDER

The present writ petition has been filed seeking a writ of Mandamus, directing the second respondent herein to cancel the two sale agreements said to have been registered by one Balamarthandan and K.Pandi in Doc.No.15355/2010 and 15356/2010 on the file of the third respondent herein.

2. According to the petitioner, the said Balamarthandan and Pandi do not have any title to the property and they have executed these documents only to usurp the property of the writ petitioner. Hence, he has requested the second respondent to conduct an enquiry based upon Circular No.67, dated 03.11.2011.

3. The learned Additional Government Pleader appearing for the respondents pointed out that Circular No.67 has already been withdrawn by the Government and it is no longer in force. 2/4

4. In view of the above said facts, since Circular No.67 is not in force, there cannot be a mandamus, directing the second respondent to conduct an enquiry under the said circular. The writ petitioner is granted liberty to approach the second respondent with a fresh application and as and when such application is filed, the same shall be considered in the light of Section 77-A of the Registration Act.

5. With the above said observations, this Writ Petitions is disposed of. No costs.

02.11.2022 Index :

Yes / No Internet :

Yes / No gbg To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai-600 001.

2.The District Registrar, Madurai South, 171, Palace Road, Madurai.

3.The Joint Sub Registrar, Madurai.

3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

02.11.2022 4/4