Dismissed

K.G.Selvaranga Mudaliyar, v. The Inspector General of

Madras HC4 Dec 2020WP/38926/2016

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by the petitioner seeking a writ of mandamus to directed the 1st respondent to complete an inquiry within a time frame and pass orders in an appeal under the Tamil Nadu Registration Act, holding that the respondents lacked jurisdiction to cancel registered documents as the governing Circular was withdrawn.

What did the court decide?

Discharged the writ petition seeking writ of mandamus with no costs.

K.G.Selvaranga Mudaliyar, Vs The Inspector General of — Property and Title | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.12.2020

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CORAM :

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The HON'BLE MR.JUSTICE M.DURAISWAMY

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W.P.No.38926 of 2016

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K.G.Selvaranga Mudaliyar ... Petitioner
Vs.
1.The Inspector General of Registration,
Tamil Nadu Registration Department,
Santhome High Road,
Chennai – 600 004.
2.The Sub Registrar,
Sub Registration Office of Ponneri,
Ponneri, Thiruvallur District.
3.P.Chellappan
4.S.Kumar
5.Jayanthi
6.Krishna Reddy
7.K.Sudhakar
8.K.Baskar
9.D.Nalini
10.Mahendrakumar Gupta ... Respondents

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Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the 1^st respondent to complete the enquiry within a time frame and pass orders in the Appeal dated 30.09.2016 of the petitioner presented under the Tamil Nadu Registration Act in accordance with law.

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For Petitioner : Mr.N.Ramesh
For Respondents : Mr.P.P.Purushothaman,
Government Advocate (R1 & R2)

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The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 1^st respondent to complete the enquiry within a time frame and pass orders in the Appeal dated 30.09.2016 presented under the Tamil Nadu Registration Act in accordance with law.

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

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2.The learned counsel appearing for the petitioner submitted that the petitioner has given a representation to the 1^st respondent on 30.09.2016 seeking for cancellation of two Sale Deeds registered as Document Nos.9456 of 2014 and 4683 of 2004 on the file of the 2^nd respondent.

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3.At the time of giving the representation to the 1 st
respondent, Circular No.67 dated 03.11.2011 issued by the
Government was in force. As per Circular No.67, the District
Registrar was given power to cancel a fraudulent registered
document. Subsequently, the Government had withdrawn Circular
No.67 on 08.11.2017. At present, Circular No.67 is not in
existence. That apart, neither the 1 st respondent nor the 2 nd
respondent has jurisdiction to cancel any registered document. The
remedy open to the petitioner is only to file a Civil Suit seeking
for cancellation of the registered document. In such view of the
matter, the prayer sought for in the Writ Petition cannot be
granted. Accordingly, the Writ Petition is dismissed. No costs.
-s/d-
Assistant Registrar(CS)
True Copy
Sub-Assistant Registrar
va
To
1.The Inspector General of Registration,
Tamil Nadu Registration Department,
Santhome High Road,
Chennai – 600 004.
2.The Sub Registrar,
Sub Registration Office of Ponneri,
Ponneri, Thiruvallur District.
+1 CC to Government Pleader, Advocate Sr.No.39081
W.P.No.38926 of 2016
GJ(CO)
KP(19/12/2020)

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

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04.12.2020

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

K.G.Selvaranga Mudaliyar, v. The Inspector General of

Case brief

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K.G.Selvaranga Mudaliyar, v. The Inspector General of

Case brief

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What the court decided

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