Madras High Court
Basherunisa vs The District Registrar on 23 August, 2023
W.P.No.24800 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.24800 of 2023
Basherunisa ...Petitioner
Vs.
1.The District Registrar,
Registration Department,
Dharmapuri, Dharmapuri District.
2.The Sub-Registrar,
Dharmapuri,
Dharmapuri District.
3.H.Vazeem ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the first respondent to cancel the
Gift Deed bearing No.899/2015 dated 05.03.2015 on the file of the second
respondent by considering the petitioner's representation dated 30.07.2023
under Section 77-A of the Registration (Tamil Nadu Second Amendment)
Act, 2021.
For Petitioner : Mr.C.Munusamy
For R1 and R2 : Mr.G.Krishna Raja
Additional Government Pleader
Page 1 of 4
https://www.mhc.tn.gov.in/judis
W.P.No.24800 of 2023
ORDER
The relief sought for in the present writ petition is to direct the first
respondent to cancel the Gift Deed bearing No.899/2015 dated 05.03.2015 on
the file of the second respondent by considering the petitioner's
representation dated 30.07.2023 under Section 77-A of the Registration
(Tamil Nadu Second Amendment) Act, 2021.
2. The issues raised in the present writ petition were adjudicated by
this Court in a batch of writ petitions in W.P.No.4192 of 2018 [A.Selvam vs.
The Sub Registrar, Dadagapatti, Salem District] etc., and batch, and a
judgment was delivered on 15.06.2023. In this regard, the Inspector General
of Registration has issued a Letter No.19464/U1/2023 dated 10.06.2023 in
Circular No.1 of 2023. The relevant paragraphs of the above said judgment
are extracted hereunder:
“33. In view of the facts and circumstances, the
following orders are passed:
1. In respect of the complaints pending before the
District Registrars concerned and the appeals
pending before the respective Appellate
Authorities, the Inspector General of Registration
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W.P.No.24800 of 2023
shall direct all the authorities to follow Circular
No.1/2023 dated 10.06.2023 strictly for the
purpose of disposal of the complaints and the
appeals in a consistent manner.
2. The Inspector General of Registration is directed
to incorporate the further clarifications as stated in
this order and issue a fresh Circular within a
period of two weeks from the date of receipt of a
copy of this order.
3. The respondents are directed to relegate the
parties to approach Civil Court of Law, in the event
of disputed facts regarding civil rights exist
between the parties.
4. In the event of violation of the guidelines issued
by the Inspector General of Registration or the
directions issued by this Court or any other lapses,
negligence or dereliction of duty is found while
performing the duties by the authorities,
departmental disciplinary proceedings are to be
initiated under the relevant Service Rules.
5. The Inspector General of Registration is directed
to conduct periodical Reviews as warranted under
the Rules of Public Administration.”
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W.P.No.24800 of 2023
S.M.SUBRAMANIAM, J.
rjr/hvk
3. In view of the fact that the case of the petitioner is also similar to
that of the cases (cited supra), the case of the petitioner is also to be
considered on the same line.
4. Accordingly, this Writ Petition stands disposed of. No costs.
23.08.2023
rjr/hvk
Index:Yes
Neutral Citation:Yes/No
Speaking order
To
1.The District Registrar,
Registration Department,
Dharmapuri,
Dharmapuri District.
2.The Sub-Registrar,
Dharmapuri,
Dharmapuri District.
W.P.No.24800 of 2023
https://www.mhc.tn.gov.in/judis
