M.Pradhap v. The Inspector General Of

W.P.(MD)No.22140 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2020 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.22140 of 2017 M.Pradhap ... Petitioner Vs.

1.The Inspector General of Registration, Santhome, Chennai.

2.The District Registrar, Trichy.

3.The Sub Registrar, K.Sathanoor, Trichy District.

4.J.Muthukrishnan 5.S.P.N.Satyamoorthy 6.SPN.Krishnamoorthy

...Respondents

PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, to direct the Third Respondent to cancel the registration of the document in gift deed dated 02.06.2008 in Document NO.2896 of 2008 and the consequent registration of sale deed dated 11.12.2009 in document No.4579 of 2015.

For Petitioner : Mr.P.Ronald For Respondents 1 to 3 : Mr.V.Anand Government Advocate

ORDER

When the matter was taken up for hearing through video conferencing, it is pointed out by Mr. V.Anand, Learned Government Advocate, who takes notice for the First to Third Respondents, that it has been ruled by the Hon'ble Supreme Court of India in Satya Pal Anand -vs- State of Madhya Pradesh [(2016) 10 SCC 767] that once a document has been registered, the Registering Authority cannot cancel the registration even if his attention is invited to some irregularity committed during the registration of the document, and that the remedy for the aggrieved party is only to challenge the registration and validity of the document in a suit invoking Section 31 of the Specific Relief Act, 1963, before the jurisdictional Civil https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22140 of 2016 Court. In view of the same, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to resort to that procedure. He has further informed that he would send a confirmatory e-mail to the Registrar (Judicial) of this Court to that effect, which shall be placed on record.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. It is also made clear that the period from the date of presentation of this Writ Petition (i.e., 29.11.2017) till the date on which certified copy of this order is made ready by the Registry, shall be excluded while computing the period of limitation for the filing of the proposed suit. It is needless to add here that no view has been expressed by this Court on the correctness or entitlement on the merits of the claim made by the Petitioner in that regard. Consequently connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ta Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Inspector General of Registration, Santhome, Chennai.

2.The District Registrar, Trichy.

3.The Sub Registrar, K.Sathanoor, Trichy District.

W.P.(MD)No.22140 of 2017 05.06.2020 VB (18.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2