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Madras High CourtWP(MD)/25740/2022dismissed

Thangavel v. The Inspector General Of Registration

2023-10-04Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.19846 of 2022 Thangavel ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhom Road, Mylapore, Chennai-600 004.

2.The District Registrar (Admin) O/o The District Registrar, Tenkasi District, Tenkasi.

3.The Sub Registrar, Uthumalai, V.K.Pudur Taluk, Tenkasi District.

4.Thavasumariammal 5.Shanmuganathan ... 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 3rd respondent to cancel sale deed vide Doc.No.2623/2022 registered at the office of 3rd respondent relating to property situated in survey no.103/1, 103/2, 103/3 of Uthumalai Village, V.K. Pudur, Tenkasi District in accordance with law. For Petitioner : Mr.M.Sankar For Respondents : Mr.V.Nirmal Kumar Government Advocate for R1 to R3 : no appearance for R4 & R5

ORDER

Heard both sides.

2. The prayer is for cancelling the petition mentioned sale deed.

3. The execution and registration of the petition mentioned sale deed took place before the introduction of Section 77A of the Registration Act. Therefore, the second respondent is not having the power to cancel the sale deed because I have already held that the said provision cannot operate retrospectively. The petitioner has to establish his rights only before the jurisdictional civil Court.

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4. Granting such liberty to the petitioner, the Writ Petition is dismissed. It is stated that civil suit is pending between the parties. The petitioner will have to pursue his remedy only in the pending civil suit. No costs. Consequently, connected miscellaneous petition is closed. 04.10.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Inspector General of Registration, No.100, Santhom Road, Mylapore, Chennai-600 004.

2.The District Registrar (Admin) O/o The District Registrar, Tenkasi District, Tenkasi.

3.The Sub Registrar, Uthumalai, V.K.Pudur Taluk, Tenkasi District.

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G.R.SWAMINATHAN, J.

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