Saroja Anni v. The Inspector General Of Registration

W.P.(MD)No.27351 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2020

CORAM

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.27351 of 2019 Saroja Anni ... Petitioner Vs.

1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Raja Annamalaipuram, Chennai-600 028.

2.The District Registrar, Palayamkottai, Tirunelveli.

3.The Joint Sub Registrar No.1, Tirunelveli, Tirunelveli District.

4.M.D.R.Rengathamuthaliar, 5.T.Hussain Khaja ... Respondents Prayer:- Writ petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus, to direct the Third Respondent to cancel the fraudulent sale deed dated 01.03.2010 in document No.228/2010 based on the Petitioner's representation dated 05.09.2019.

For Petitioner : Mr.PR.Boomee Rajan For R1 to R3 : Mr.M.Murugan, Government Advocate.

O R D E R

It is pointed out by Mr. M.Murugan, Learned Government Advocate, who takes notice for the First to Third Respondents, that it has been ruled by the Hon'ble Supreme Court of India in Satya Pal Anand -vs- State of Madhya Pradesh [(2016) 10 SCC 767] that once a document has been registered, the Registering Authority cannot cancel the registration even if his attention is invited to some irregularity committed during the registration of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.27351 of 2019 the document, and that the remedy for the aggrieved party is only to challenge the registration and validity of the document in a suit invoking Section 31 of the Specific Relief Act, 1963, before the jurisdictional Civil Court. In view of the same, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioners to resort to that procedure, and he has made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. It is needless to clarify here that no view has been expressed by this Court on the correctness or entitlement of the claim made by the Petitioner in that regard. No costs. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Raja Annamalaipuram, Chennai-600 028.

2.The District Registrar, Palayamkottai, Tirunelveli.

3.The Joint Sub Registrar No.1, Tirunelveli, Tirunelveli District.

+1 CC to M/s.SPL.GP ( SR-12446[F] dated 19/03/2020 ) +1 CC to M/s.PR.BOOMEE RAJAN, Advocate ( SR-12917[F] dated 23/03/2020 ) W.P.(MD)No.27351 of 2019 18.03.2020 SM/(07.05.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2