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Madras High CourtWP(MD)/26527/2023allowed

Sasikala v. The Inspector General Of Registration

2023-11-06Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Sasikala ... Petitioner Vs.

1.The Inspector General of Registration, Santhome High Road, Chenani.

2.The Sub-Registrar, Tirupattur, Sivagangai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to remove the entries regarding document No.701/2015, dated 12.03.2015 from the register of encumbrance qua the petitioner's property in Survey No.39/5A, 6A, 7A and 16A, Thiruvyidiyarpatti Group village, Tirupattur Taluk, Sivagangai district by considering the petitioner's representation dated 22.09.2023 in light of the order made by this Court in Sasikala Vs. Inspector General of Registration -AIR 2022 MAD 323 within the time that may be stipulated by this Court. 1/4

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.M.Sidharthan, Add. Government Pleader.

ORDER

Heard both sides.

2.The petitioner's father executed settlement deed in favour of the petitioner on 06.03.2015. It was registered as Document No.625/2016 on the file of the second respondent. It was unilaterally cancelled on 12.03.2015. It was registered as Document No.701/2015. The petitioner filed W.P.(MD)No.11674 of 2015 questioning the registration of deed of unilateral cancellation. The said writ petition was taken up along with other writ petitions and allowed on 02.09.2022 by the Hon'ble Full Bench. The grievance of the petitioner is that the offending entry has not been deleted and that therefore, the petitioner is unable to deal with the property.

3.The prayer for deletion appears to be misconceived. All that the petitioner can seek is registration of the order dated 02.09.2022 made in 2/4

W.P.(MD)No.11674 of 2015 whereby the registration of the deed of unilateral cancellation was set aside.

4.The second respondent shall therefore make an entry to the effect that registration of Document No.701/2015 has been cancelled by the High Court in the aforesaid writ petition. This shall be done immediately and without any delay.

5.This writ petition is allowed on these terms. No costs. 06.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Inspector General of Registration, Santhome High Road, Chenani.

2.The Sub-Registrar, Tirupattur, Sivagangai.

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G.R.SWAMINATHAN, J.

ias 06.11.2023 4/4