Ravi Murugaiah. M v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 05/09/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR WP(MD). No.24144 of 2023 and WMP(MD) No.20301 of 2023 Ravi Murugaiah. M ... Petitioner Vs

1. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai-600028..

2. The Deputy Inspector General, Of Registration, Govt Multistoried Building, 2nd Floor, Race Course Road, Kajamalai Colony, Edamalaipattipudur, Trichy-620023..

3. The District Registrar, District Registrar Office Court Campus, Cantonment, Trichirapalli-620102..

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari calling for the 1/4

records relating to the order issued by the 3rd respondent herein in Na.Ka.No.328/Aa4A/2023 dated on 24.07.2023 and quash the same. For Petitioner : Mr.C.Vidhusan, For Respondents : Mr.P.Subbaraj for R1 to R3 Special Government Pleader

ORDER

This writ petition has been filed challenging the order of the 3rd respondent herein in Na.Ka.No.328/Aa4A/2023 dated on 24.07.2023.

2. The case of the petitioner is that on the complaint given by one Mammondi, the petitioner was asked to appear to offer explanation regarding the sale deed executed in the year 2011. The impugned notice has been served on 24.07.2023 asking the petitioner to appear for an enquiry. The petitioner has also appeared for the same and stated that since the document has been registered prior to the amendment, the complaint under Section 77A is not maintainable.

3. I have considered the rival submissions and perused the materials available on record.

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4. It is seen that 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 fraudulent transaction cannot be gone into by the authorities, which has to be established in the manner known to law before the civil Court as per 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, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

05.09.2024 RR TO

1. The Inspector General of Registration, 100, Santhome High Road,Mullima Nagar, Mandavelipakkam,Raja Annamalaipuram, Chennai-600028..

2. The Deputy Inspector General, Of Registration, Govt Multistoried Building, 2nd Floor, Race Course Road, Kajamalai Colony, Edamalaipattipudur,Trichy-620023..

3. The District Registrar, District Registrar Office Court Campus,Cantonment,Trichirapalli-620102.. 3/4

N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.24144 of 2023 Date : 05/09/2024 4/4