K.Abinash v. The Assistant Inspector General Of Registration (Aig)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR K.Abinash . .. Petitioner Vs.

1.The Assistant Inspector General of Registration (AIG), O/o.Othakadai Registration Office, 1st Floor, Othakadai, Madurai 23.

2.The Deputy Inspector General of Registration (DIG), O/o.Othakadai Registration Office, 1st Floor, Othakadai, Madurai-23.

3.The District Registrar, Mahal Road Register Office, 1st Floor, Madurai 625 001.

4.The Sub Registrar, Sub Registration Office, Chellampatti, Madurai 625 514.

5.O.Jeyapandi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the third Page No.1/5

respondent to conduct an enquiry and cancellation of fraudulent settlement deed vide Doc No.3153/2021 within the time frame fixed by this Court.

For Petitioner : No appearance For Respondents : Mr.P.Subbaraj (for R1 to R4) Special Government Pleader

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2. Mr.P.Subbaraj, learned Special Government Pleader, accepts notice on behalf of the respondents 1 to 4.

3. This Writ Petition has been filed, seeking for a direction to the third respondent to conduct an enquiry and cancellation of fraudulent settlement deed vide Doc No.3153/2021.

4. At the outset, this Writ Petition is not maintainable, since the registering authority has no power to cancel the document already Page No.2/5

registered, as 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 the issue of title and fraudulent transaction cannot be gone into by the authorities, which has to be established in the manner known to law before the civil Court in view of the decisions rendered in the case of Satya Pal Anand v. State of M.P.[ 2016 10 SCC 767] and G. Rajasulochana v Inspector General made in W.P 29706 of 2024 dated 16.04.2024. Accordingly, this Writ Petition is dismissed. No costs. 22.10.2024 Index :

Yes / No NCC : Yes / No Rmk To 1.The Assistant Inspector General of Registration (AIG), O/o.Othakadai Registration Office, 1st Floor, Othakadai, Madurai 23.

2.The Deputy Inspector General of Registration (DIG), O/o.Othakadai Registration Office, 1st Floor, Othakadai, Madurai-23.

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3.The District Registrar, Mahal Road Register Office, 1st Floor, Madurai 625 001.

4.The Sub Registrar, Sub Registration Office, Chellampatti, Madurai 625 514.

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N.SATHISH KUMAR , J.

Rmk 22.10.2024 Page No.5/5