Madras High CourtWP(MD)/26508/2023disposed of

Padmavathy .T v. The Deputy 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 T.Padmavathy ... Petitioner Vs.

1.The Deputy Inspector General of Registration, St.Marks Street, Near Sankar Colony, Behind John Higher Secondary School, Thirunelveli - 627 002.

2.The District Registrar, Department of Registration, Nagercoil, Kanyakumari District.

3.The Sub Registrar, Kanyakumari, Kanyakumari District.

4.T.Radhakrishnan 5.Suganya 6.L.Arivalan 7.P.Suyambu Chettiar 8.R.Vignesh ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1st and 2nd to cancel the settlement deed in Doc. No.2262 of 2023 dated 31.05.2023 on the file of the Sub Registrar, Kanyakumari, Kanyakumari District, based on the petitioner's representation dated 28.07.2023.

For Petitioner : Mr.L.George Paul Anto For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R3.

ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents 1 to 3. Issuance of notice to the private respondents is dispensed with. 2.The petitioner seeks cancellation of the petition mentioned settlement deed. The petitioner is obviously invoking the power conferred on the second respondent under Section 77-A of the Registration Act, 1908.

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3.The Inspector General of Registration has recently issued a circular directing that enquiry under the said provision shall be put on hold and kept in abeyance till the Hon'ble Larger Bench takes a view. 4.In this view of the matter, the second respondent shall take a call in the matter based on the decision to be rendered by the Hon'ble Larger Bench. This writ petition is disposed of accordingly. No costs. 06.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Deputy Inspector General of Registration, St.Marks Street, Near Sankar Colony, Behind John Higher Secondary School, Thirunelveli - 627 002.

2.The District Registrar, Department of Registration, Nagercoil, Kanyakumari District.

3.The Sub Registrar, Kanyakumari, Kanyakumari District.

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G.R.SWAMINATHAN, J.

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