Madras High Court
D.Vimal Rajkumar vs The Inspector General Of Registration on 3 February, 2025
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.No.10535 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2025
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH
W.P.No.10535 of 2024
and WMP.No.11550 of 2024
D.Vimal Rajkumar
Rep by his Power Agent
N.S.Gnaneswaran .... Petitioner
Vs
1.The Inspector General of Registration
Registration Department
No.100, Santhome High Road
Chennai - 600 028.
2.The District Registrar (Administration)
South Chennai
[Assistant Inspector General of Registration]
Registration Department
Chennai.
3.M/s.ELCOT
By its Managing Director
No.692, Anna Salai
Chennai - 600 035. .... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a writ of certiorari calling for the records leading to pass the
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W.P.No.10535 of 2024
impugned order of the second respondent dated 25.04.2023 in
Na.Ka.No.2115/E2/2023 and quash the same.
For Petitioner : Mr.M.Narayanaswamy
For Respondents : Mr.Karthick Jagannath
Government Advocate for R1 & R2
Mr.M.Vijayan of M/s.King & Patridge
for R3
ORDER
This writ petition has been filed challenging the proceedings of the
second respondent dated 25.04.2023, wherein the second respondent has
exercised the power and jurisdiction under Section 77-A of the Registration
Act and cancelled the settlement deed dated 22.08.2007 executed by the
petitioner's grandmother in favour of the father of the petitioner. That
apart, the sale agreement dated 11.05.2011 was also cancelled by virtue of
this order.
2. Heard Mr.M.Narayanaswamy, learned counsel for the petitioner and
Mr.Karthick Jagannath, learned Government Advocate for respondents 1
and 2.
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3.It is not necessary for this Court to go into the merits of the case
since the very power that was exercised by the second respondent under
Section 77-A is illegal in the light of the judgment of a Division Bench of
this Court in M.Kathirvel Vs Inspector General of Registration reported in
(2024) 4 LW 110. This Court must also take into consideration the
judgment of the Single Judge in Rajasulochana Vs Inspector General of
Registration reported in 2024 (3) CTC 113, wherein it has been held that the
registering authorities cannot cancel the registered documents on the
complaint of fraudulent registration and it is only the civil Court which can
adjudicate those issues.
4. In the light of the settled law, the impugned proceedings of the
second respondent dated 25.04.2023 is liable to be interfered on the ground
of lack of jurisdiction and accordingly the same is hereby quashed. It is left
open to the parties to agitate the right and title over the property before the
competent civil Court.
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5. In the result, this writ petition stands allowed. No costs.
Consequently, connected miscellaneous petition is closed.
03.02.2025
(1/2)
Index : Yes/No
Speaking Order/Non-Speaking Order
Neutral citation : Yes/No
ds
To:
1.The Inspector General of Registration
Registration Department
No.100, Santhome High Road
Chennai - 600 028.
2.The District Registrar (Administration)
South Chennai
[Assistant Inspector General of Registration]
Registration Department
Chennai.
3.The Managing Director
M/s.ELCOT
No.692, Anna Salai
Chennai - 600 035.
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N. ANAND VENKATESH., J
ds
03.02.2025
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