Dismissed

N.Haribabu v. The Inspector General of Registration

Madras HC15 Dec 2021WP/19792/2021

Case brief

AI extract

What is this about?

Dismissing a writ petition challenging the rejection of a complaint to cancel a fraudulent partition deed, the Court held the third respondent lacked power. The Court remanded the pending complaint to the District Registrar for adjudication on merits with notice and hearing within 12 weeks.

What did the court decide?

The writ petition was dismissed. The pending complaint was remanded to the first respondent (District Registrar) to issue notice, hear parties, and pass orders within twelve weeks.

N.Haribabu Vs The Inspector General of Registration — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.12.2021

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

W.P.No.19792 of 2021

N.Haribabu

...Petitioner

1.The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalai Puram,

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Chennai – 600 028.

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2.The District Registrar,

Vellore District,

Fort Campus,

Vellore Fort,

Vellore – 632 002.

3.The Sub Registrar, Ambur

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Post Office Road,

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No.11, Railway Station Road,

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Ambur – 635 802.

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4.Kuppammal

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5.Bharathi

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6.Saraswathi ...Respondents

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Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records of the third respondent in connection with the impugned order of rejection in Na.Ka.No.179/2021, dated 06.07.2021 and consequently direct the first respondent to cancel the document bearing No.1881/2009, dated 25.03.2009 on the file of the third respondent based on the petitioner's representation dated 05.07.2021 within a time stipulated by this Court.

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For Petitioner : Mr.K.Balasubramaniam

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For Respondents : Mr.Yogesh Kannadasan Special Government Pleader (for R1 to R3)

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

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ORDER

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This writ petition is filed to issue a Writ of Certiorarified Mandamus, calling for the entire records of the third respondent in connection with the impugned order of rejection in Na.Ka.No.179/2021, dated 06.07.2021 and consequently direct the first respondent to cancel the document bearing No.1881/2009, dated 25.03.2009 on the file of the third respondent based on the petitioner's representation dated 05.07.2021 within a time stipulated by this Court.

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The petitioner lodged a complaint as against the fourth respondent and executed the partition deed among the respondents 4 to 6 without any right over the property. The said complaint was also lodged simultaneously before the second and third respondents. However, the said complaint was rejected by the third respondent, by order dated 06.07.2021, for the reason that the third respondent has no power to cancel the document, which was registered already. As against the fraudulent deed of conveyance, only the second respondent has got power to conduct enquiry. Therefore, the third respondent has rightly rejected the complaint lodged by the petitioner and this Court finds no infirmity or illegality in the order passed by the third respondent.

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In the result, this Writ Petition is dismissed. However, the said complaint is pending on the file of the second respondent without any adjudication. Hence, the second respondent is directed to issue notice to the petitioner and the respondents 4 to 6 herein on the complaint lodged by the petitioner dated 05.07.2021 and after giving an opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

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Sd/-

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Assistant Registrar (CCC)

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//True Copy//

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Sub Assistant Registrar

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1.The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalai Puram, Chennai – 600 028.

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

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2.The District Registrar, Vellore District, Fort Campus, Vellore Fort, Vellore – 632 002.

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3.The Sub Registrar, Ambur Post Office Road, No.11, Railway Station Road, Ambur – 635 802.

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+1cc to Mr.K.Balasubramaniam, Advocate SR. No.67318 +1cc to Government Pleader SR. No.68283

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W.P.No.19792 of 2021 PM (CO) PR (04/01/2022)

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

N.Haribabu v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

N.Haribabu v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

What the court decided

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