Sooriyaa R v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.17605 of 2021 R.Sooriyaa ... Petitioner -vs1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai- 600 028.

2.The Deputy Inspector General of Registration, Registration Department, Thirumohur Road, Othakadai, Madurai.

3.The District Registrar, (R3 cause title amended vide Court order dated 25.11.2021 in W.P.(MD)No.21009 of 2021) 4.The Sub Registrar, Batlagundu, Dindigul District.

5.B.Suresh 6.Venkadachalapathi 1/6

7.K.Danapal, Managing Director, Power Soaps Private Limited, Madurai Main Road, Kodai Road, Oruthattu Village, Nilakottai Taluk, 8.P.Ramuthai Ammal, Managing Director, PNR Bio Farm Private Ltd., Residing at No.1 EMS Nagar, Madakulam Road, Ponmeni, Madurai- 625 016.

9.P.Balamurugan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to make necessary entry of fraudulent sale transactions in the Encumbrance Certificate, index and relevant register books of sale deed dated 10.03.2017, vide Doc.No.767/2017, Doc.No.1514/2001, dated 30.08.2001, Doc.No. 1037/2003, dated 09.07.2003, in respect of properties covered by the final order of the Revenue Divisional Officer, Periyakulam, Theni District, in Na.Ka.No.5136/2008/A1, dated 23.06.2019, restoring Patta in the name of late Boominathan, deceased grandfather of the petitioner herein as per representation dated 06.07.2021 and in the light of order dated 17.06.2021, made in W.P.(MD)No.10177 of 2021, on the file of this Court. For Petitioner :

Mr.K.Appadurai For R1 to R4 :

Ms.S.Jeyapriya Government Advocate 2/6

For R7 :

Mr.Karthikeya Venkitachalapathy For R8 and R9 :

Mr.N.Mohideen Basha

ORDER

This Writ Petition was filed for issuance of Writ of Mandamus, directing the respondents 1 to 4 to make necessary entries and to cancel the fraudulent sale transactions, by considering the representation made by the petitioner on 06.07.2021.

2. When the matter was taken up for hearing today, it was brought to the notice of this Court by the learned counsel appearing on behalf of the petitioner that already the entries were cancelled by the fourth respondent and the relevant documents were also placed before this Court. In view of the same, nothing survives in this Writ Petition.

3. The learned counsel appearing on behalf of the respondents 8 and 9 submitted that all the proceedings had taken place behind the back of the eighth respondent and the eighth respondent was not even aware that the fourth respondent had cancelled the entries made in the Encumbrance Certificate.

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4. If the eighth respondent or any other private respondents are aggrieved by the action taken by the Registration Department, it is left open to them to challenge the same in the manner known to law. Except giving this clarity, no further orders can be passed in this Writ Petition and considering the subsequent development, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 16.11.2023 Index : Yes/No smn2 To 1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai- 600 028.

2.The Deputy Inspector General of Registration, Registration Department, Thirumohur Road, Othakadai, Madurai.

3.The District Registrar, 4/6

4.The Sub Registrar, Batlagundu, Dindigul District.

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N.ANAND VENKATESH, J.

smn2 and W.M.P.(MD)No.17605 of 2021 16.11.2023 6/6