K.Kuppaiyan v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 K.Kuppaiyan ... Petitioner Vs.

1.The Inspector General of Registration, O/o. the Inspector General of Registration, Chennai - 600 028.

2.The District Registrar, Sivagangai District, Sivagangai.

3.The District Registrar, O/o. District Registrar, North Chennai, North Chennai District.

4.The Managing Director, E.I.D. Parry Company Private Limited, Udaikulam Village, Sivagangai Taluk and District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondent Nos.1 to 3 to cancel the fraudulent sale deed registered in document No.323/1996 dated 19.07.1996 on the file of 3rd respondent and initiate appropriate action in the Light of Circular No.67 dated 03.11.2011 within the time frame stipulated by this Court.

For Petitioner : Mr.S.Rajasekar For Respondent : Mr.N.GA.Nataraj, Government Advocate for R1 to R3.

ORDER

Heard the learned counsel for the writ petitioner and the learned Government Advocate for the official respondents. 2.The petitioner seeks cancellation of the petition mentioned sale deed by invoking Circular No.67 dated 03.11.2011. The circular itself has been withdrawn. The petitioner has to necessarily move the jurisdictional Civil Court for establishing his rights. During the relevant 2/4

time, the registering authority lacked the power to cancel registration of documents.

3.Granting liberty to the petitioner to move the jurisdictional Civil Court, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

11.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Inspector General of Registration, O/o. the Inspector General of Registration, Chennai - 600 028.

2.The District Registrar, Sivagangai District, Sivagangai.

3.The District Registrar, O/o. District Registrar, North Chennai, North Chennai District.

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G.R.SWAMINATHAN, J.

ias 11.07.2023 4/4