Multiple writ petitions filed under Article 226 of the Constitution of India seeking declaration of endorsements as null and void. The writ petitions were dismissed as withdrawn by the court after the grievance was redressed by respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2019
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.Nos.22176, 22179, 22181, 22183, 22186, 22292, 22295, 22298, 22299, 22302, 22303, 23203, 23204, 23208, 23221, 23226, 23228 & 24822 of 2019
W.P.No.22176 of 2019:
Mrs.Linda Kamalanthan, W/o.Rajaganesh Kamalanathan, No.791, Satilla Palace, Fremont, California Represented by her authorized person Mr.Prabhu, No.11/12,K.P.Chetty St., Kumaranchavady, Poonamallee, Chennai-600 056. ... Petitioner in all Wps /versus/ 1.Union of India, Rep.by its Secretary, Ministry of External Affairs, New Delhi. 2.Government of Tamilnadu, Rep.by its Secretary, Government Public (Foreigners) Department, Fort St.George, Chennai-600 009. 3.The Inspector General of Registration, Santhome High Road, Santhome, Chennai-600 004. 4.The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai-600 007. ... Respondents in all WPs
Writ Petitions are filed under Article 226 of the Constitution of India, praying for the issue of Writ of Declaration,
W.P.No.22176 of 2019:
declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed bearing No.5165/2011 dated 06.06.2011 issued by the 3rd respondent in https://hcservices.ecourts.gov.in/hcservices/ Govt.Lr.No.4743 dated 15.04.2019 as null and void and
consequently, direct the 3rd respondent to issue the genuineness certificate to the certified copies of the sale deeds issued by the Sub Registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuineness certificate issued by the 3rd respondent.
WP No.22179 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed 2333 / 2007 dated 28.11.07 issued by the 3rd respondent in Govt. Lr. No. 4780 dated 16.04.2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.22181 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed 11103 / 2006 issued by the 3rd respondent dated 25.09.2011 respondent in Govt. Lr. No. 4774 dated 16.04.2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.22183 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed 2692 / 2010 issued by the 3rd respondent dated 21.05.2010 respondent in Govt. Lr. No. 4777 dated 16.04.2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.22186 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed https://hcservices.ecourts.gov.in/hcservices/ 46 / 2002 dated 10.1.2002 respondent in Govt. Lr. No. 4741
dated 15.04.2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.22292 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed dated 15/03/2007 bearing No.3567/2007 issued by the 3rd respondent in Govt. Lr.No.4782 dated 16/04/2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.22295 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copies of the sale deed dated 17/04/2007 bearing No.4859/2007 issued by the 3rd respondent in Govt. Lr.No.4742 dated 15/04/2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.22298 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed 9802/2007 dated 16/07/2007 issued by the 3rd respondent in Govt. Lr.No.4771 dated 16/04/2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.22299 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed https://hcservices.ecourts.gov.in/hcservices/ 2218/2010 dated 25/03/2010 issued by the 3rd respondent in
Govt. Lr.No.4779 dated 16/04/2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.22302 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed bearing No.4101/2005 dated 22/08/2005 issued by the 3rd respondent in Govt. Lr.No.4754 dated 16/04/2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.22303 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed No.2334/2007 dated 28/11/2007 issued by the 3rd respondent in Govt. Lr.No.4778 dated 16/04/2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.23203 of 2019:
Declaring the impugned endorsement made by the 2nd Respondent in the original certified copy of the sale deed 346/2013 dt 11.1.2013 issued by the 3rd Respondent in Govt LR No 4773 dated 16.4.2019 as null and void and consequently direct 3rd Respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the Sub Registrar office and direct the 2nd Respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the geniness certificate issued by the 3rd Respondent
WP No.23204 of 2019:
Declaring the impugned endorsement made by the 2nd Respondent in the original certified copy of the sale deed 8718/2007 DATED 18.7.2007 issued by the 3rd Respondent in Govt LR No https://hcservices.ecourts.gov.in/hcservices/ 4789 dated 16.4.2019 as null and void and consequently direct
3rd Respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the Sub Registrar office and direct the 2nd Respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the geniness certificate issued by the 3rd Respondent
WP No.23208 of 2019:
Declaring the impugned endorsement made by the 2nd Respondent in the original certified copy of the sale deed 2331/2010 DATED 9.4.2010, issued by the 3rd Respondent in Govt LR No 5495 dated 9.5.2019 as null and void and consequently direct 3rd Respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the Sub Registrar office and direct the 2nd Respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the geniness certificate issued by the 3rd Respondent
WP No.23221 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed 381 /2014 dated 20/01/2014 issued by the 3rd respondent in Govt. Lr.No.4784 dated 16/04/2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.23226 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed 8302 /2007 dated 07/09/2007 issued by the 3rd respondent in Govt. Lr.No.4783 dated 16/04/2019 as null and void and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.23228 of 2019:
Declaring the impugned endorsement made by the 2nd respondent in the original certified copy of the sale deed 5164 /2011 dated 06/06/2011 issued by the 3rd respondent in Govt. Lr.No.4836 dated 22/04/2019 as null and void and Consequently direct 3rd respondent to issue the geneuines https://hcservices.ecourts.gov.in/hcservices/ certificate to the certified copies of the sale deeds issued
by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuiness certificate issued by the 3rd respondent.
WP No.24822 of 2019:
declaring the impugned endorsement made by the 2nd respondent in the original certified copies of the sale deed dated 25.03.2007 bearing document no. 2948 of 2007 issued 3rd respondent in Govt. LR. No. 4740 dated 15.04.2019 and Consequently direct 3rd respondent to issue the geneuines certificate to the certified copies of the sale deeds issued by the sub registrar office and direct the 2nd respondent to reauthenticate the notarized original certified copies of the sale deeds issued by the 3rd respondent by verifying the genuines certificate issued by the 3rd respondent.
For Respondents Mr.J.Madanagopal Rao, CGSC for R1 in W.P.Nos.22303, 23203, 23204, 23208, 23221, 23226,23228 and 24822 of 2019
Mr.V.Chandrasekaran
Advocate for R1 in W.P.Nos.22179, 22181, 22183, 22186, 22292, 22295, 22298, 22299, 22302 of 2019
For Respondent
Mr.T.M.Pappiah Special
Mr.N.Inbanathan,
AGP for R2 & R4 in W.P.Nos.22179, 22181, 22183, 22186, 22292, 22295, 22298, 22299, 22302, 22303, 23203, 23204, 23208/19
Mr.Thamizharasan G.A for R3 in W.P.Nos.22303,23203,23204, 23221, 23226, 23228 https://hcservices.ecourts.gov.in/hcservices/ and 24822 of 2019
COMMON ORDER
The grievance of the petitioners in these writ petitions is redressed by the respondents. Hence, the petitioners seek leave of this Court to withdraw the writ petitions and has also made an endorsement to that effect.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
rpl
To
1.The Secretary,
Union of India,
Ministry of External Affairs,
New Delhi.
2.The Secretary,
Government of Tamilnadu,
Government Public (Foreigners) Department,
Fort St.George, Chennai-600 009.
+1cc to Mr.J.Madanagopal Rao, Advocate Sr.91436 +1c to Mr.V.Chandrasekaran, Advocate Sr.91563
+1cc to the Government Pleader Sr.91531
+1cc to Mr.T.R.Udayakumar, Advocate Sr.91258 [11/02/2020]
W.P.No.22176 of 2019 etc batch
rj[co] https://hcservices.ecourts.gov.in/hcservices/ srg 13/12/2019
Mrs. Linda Kamalanthan
Union of India
Government of Tamilnadu
The Inspector General of Registration
The Commissioner of Police, Greater Chennai City Police
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
