Dismissed

K.Gandhi, v. Inspector General of Registrar

Madras HC11 Dec 2019WP/34414/2019

Case brief

AI extract

What is this about?

The High Court addressed a Writ Petition seeking a Mandamus to cancel a fraudulent sale agreement. The court noted the registered authority lacks power to cancel such documents and the remedy lies in a civil suit. The petition was withdrawn with liberty to institute the suit, resulting in dismissal.

What did the court decide?

Writ Petition dismissed as withdrawn with liberty to institute a suit in the jurisdictional Civil Court invoking Section 31 of the Specific Relief Act, 1963.

K.Gandhi, Vs Inspector General of Registrar — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.12.2019

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CORAM

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THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

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W.P. No. 34414 of 2019

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K. Gandhi ... Petitioner

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Vs.

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Inspector General of Registrar No. 100, Santhom High Road Mullima Nagar, Mandavelipakkam Chennai – 600 028.

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The District Registrar Office of District Registrar Tiruvannamalai.

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The Sub Registrar Chengam Sub Registrar Office Tiruvannamalai District.

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Arasi Ammal

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Senthilkumar

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Kalaivani

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Jothi

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Sampath

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... Respondents

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Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the Respondents 1 & 2 to dispose the petitioner's representation dated 11.04.2019 pertaining to cancel the fraudulent sale agreement executed by the Palanivel (Deceased) and Senthilkumar and in favour of Sampath registered in Document No. 6000 of 2014 dated 20.11.2014 on the file of the Third Respondent.

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For Petitioner : Mr. Mariappan For Respondents: Mr. T.M. Pappiah

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Special Government Pleader (For R1 to R3)

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O R D E R

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When it is pointed out by Mr.M.Tamizharasan, Learned Government Advocate, who takes notice for the First Respondent that the Petitioner cannot call upon the Registering Authority

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https://hcservices.ecourts.gov.in/hcservices/

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to cancel registration of a document executed between some other persons relating to the property claimed to be owned by him and his remedy in that regard is to institute suit in the jurisdictional Civil Court invoking Section 31 of the Specific Relief Act, 1963, as held by the Full Bench of this Court in Muppudathi Pillai -vs- Krishnaswami Pillai (AIR 1960 Madras 1), while considering Section 39 of the Specific Relief Act, 1877 (corresponding to Section 31 of the Specific Relief Act, 1963), which has been reiterated by the Division Bench of this Court in P. Rukumani -vs- Amudhavalli (Judgment dated 17.07.2019 in W.A. No. 229 of 2018), Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded.

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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

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Assistant Registrar (CS-III)

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//True Copy//

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Sub Assistant Registrar

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maya

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Inspector General of Registrar No. 100, Santhom High Road Mullima Nagar, Mandavelipakkam Chennai – 600 028.

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The District Registrar Office of District Registrar Tiruvannamalai.

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The Sub Registrar Chengam Sub Registrar Office Tiruvannamalai District.

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+1cc to Mr.N.Chinnaraj, Advocate, S.R.No. 104114

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+1cc to the Government Pleader, S.R.No.104012

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W.P. No. 34414 of 2019

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KK(CO) GN(03/01/2020)

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https://hcservices.ecourts.gov.in/hcservices/

K.Gandhi, v. Inspector General of Registrar

Case brief

What is this about?

What did the court decide?

K.Gandhi, v. Inspector General of Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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