D.Arulmani vs The Deputy Inspector General Of ...
2024 Latest Caselaw 18535 Mad

Madras High Court

D.Arulmani vs The Deputy Inspector General Of ... on 19 September, 2024

                                                                               W.P No.26947 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 19.09.2024

                                                    CORAM

                                   THE HONOURABLE MR. JUSTICE S.SOUNTHAR

                                              W.P No.26947 of 2024


                 D.Arulmani                                                      ...Petitioner


                                                       Vs.


                 1.The Deputy Inspector General of Registration
                   Office of the Deputy Inspector General of Registration
                   Penpettai, Nandhanam, Chennai 600 035.

                 2.The District Registrar of Administration (I/C)
                   Kancheepuram, Kancheepuram District.

                 3.P.G.Rajan
                 4.R.Sargunam
                 5.R.Parimalam
                 6.R.Karthikeyan                                                ...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 dispose the

                 appeal filed by the petitioner on 10.03.2023, within a stipulated time as this

                 Court may fixes.


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                                                                                   W.P No.26947 of 2024

                                        For Petitioner     : Ms.R.Hemalatha

                                        For Respondents : Mr.M.Shah Jahan for R1 & R2
                                                         Special Government Pleader



                                                         ORDER

The petitioner herein seeks a direction to the first respondent to

dispose of the appeal filed by the petitioner dated 10.03.2023, within a time

frame fixed by this Court.

2. The petitioner herein filed an application before the second

respondent seeking cancellation of bogus documents pertains to S.No.389/2 in

Sevilimedu Village, Kancheepuram District. The application filed by the

petitioner was rejected by the District Registrar on the ground that he was not

empowered to go into the question of title and required the petitioner to go

before the Civil Court. Aggrieved by the same, the petitioner preferred an

appeal before the first respondent and there is no progress in the appeal.

Therefore, the petitioner is before this court.

3. Section 77-A of the Registration Act, which enabled the

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Registering Authority to cancel the registered document, has been struck down

by the judgment in M.Kathirvel Vs The Inspector General of Registration in

W.P.Nos.10291 of 2022 and batch. In view of the same, the respondents 1 & 2

are having no power to cancel the registered document.

4. In such circumstances, the request of the petitioner made

before the second respondent was rightly rejected by the second respondent

and the first respondent has no power to pass an order of cancellation of

registered document. In such circumstances, this Court is not inclined to give

any direction to the first respondent. It is for the petitioner to workout his

remedy before the Civil Court. Accordingly, the Writ Petition is dismissed. No

costs.

                                                                                       19.09.2024


                 Index      : Yes/No
                 Internet   : Yes/No
                 Speaking Order/Non-Speaking Order
                 dna




                 To

https://www.mhc.tn.gov.in/judis

1.The Deputy Inspector General of Registration Office of the Deputy Inspector General of Registration Penpettai, Nandhanam, Chennai 600 035.

2.The District Registrar of Administration (I/C) Kancheepuram, Kancheepuram District.

https://www.mhc.tn.gov.in/judis

S.SOUNTHAR, J.

dna

19.09.2024

https://www.mhc.tn.gov.in/judis