Madras High Court
C.Dhanasekaran vs The Inspector General Of Registration on 6 August, 2024
W.P.No.22165 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :06.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.22165 of 2024 and
W.M.P.No.24147 of 2024
C.Dhanasekaran ...Petitioner
Vs.
1.The Inspector General of Registration,
Inspector General of Registration Office,
No.100, Santhome High Road,
Mailapore, Chennai-28.
2.The District Collector,
Villupuram District Collector Office,
Villupuram.
3.The District Registrar,
Dindivanam District Registration Office,
Villupuram.
4.The Sub-Registrar,
Avarapakkam Sub-Registration Office,
Villupuram.
5.The Village Administrative Officer,
Dhadhapuram Village,
Tindivanam Taluk-604 207.
6.Sarathammal
7. K.Venkatesan ..Respondents
1/4
https://www.mhc.tn.gov.in/judis
W.P.No.22165 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, considering the petitioner's representation
dated 28.09.2022 and consequently directing the 1st and 3rd respondent to take
action against the 4th and 5th respondents for registering the fraudulent
document and directing the 4th respondent to cancel the document No.5951 of
2013.
For Petitioner : M/s.Lavanya Thirumalai
For Respondents 1 to 5 : Mr.T.Chezhiyan
Additional Government Pleader
ORDER
The petitioner herein seeks a direction to respondents to consider his
representation dated 28.09.2022 and consequently take necessary action
against the respondents 4 and 5 for registering fraudulent document and also
seeks necessary direction to cancel the document No.5951 of 2013.
2. In view of the judgment passed by the Division Bench of this Court in
M.Kathirvel Vs The Inspector General of Registration in W.P.Nos.10291 of
2022 and batch, Section 77A of Registration Act is struck down and therefore,
the prayer sought for cancellation of the document is not maintainable.
https://www.mhc.tn.gov.in/judis
3. It is open to the petitioner to move the Civil Court and establish that
the document impugned in this writ petition is liable to be cancelled. In case
petitioner gets decree from the Civil Court for cancellation of document on the
plea of fraud, it is open to the petitioner to move the authorities for necessary
consequential action.
4.With this observation, this writ petition stands dismissed.
Consequently, the connected miscellaneous petition is closed. No costs.
06.08.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
nr
To
1.The Inspector General of Registration,
Inspector General of Registration Office,
No.100, Santhome High Road,
Mailapore, Chennai-28.
https://www.mhc.tn.gov.in/judis
S.SOUNTHAR, J.
nr
2.The District Collector,
Villupuram District Collector Office,
Villupuram.
3.The District Registrar,
Dindivanam District Registration Office,
Villupuram.
4.The Sub-Registrar,
Avarapakkam Sub-Registration Office,
Villupuram.
5.The Village Administrative Officer,
Dhadhapuram Village,
Tindivanam Taluk-604 207.
W.P No.22165 of 2024 and
06.08.2024
https://www.mhc.tn.gov.in/judis
