Disposed

Kannan P v. The District Registrar South

Madras HC21 Nov 2023WP(MD)/25031/2023

Case brief

AI extract

What is this about?

In this writ petition filed under Article 226, the petitioner challenged the registration of a deed dated 02.12.2021. The Court directed the District Registrar to hold an enquiry in terms of specified circulars and pass orders within three months.

What did the court decide?

First respondent directed to hold enquiry under relevant circulars and pass orders on merits within three months.

Kannan P Vs The District Registrar South — Property and Title | Madras HC (2023)

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W.P(MD)No.25031 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.11.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.25031 of 2023

P.Kannan

... Petitioner

Vs.

1.The District Registrar South, Office of the District Registrar, Madurai, Madurai District.

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2.The Sub Registrar Office, Office of the Sub Registrar, Peraiyur, Madurai District.

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3.S.Alagumalai

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4.A.Pandiammal ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to cancellation of Deed in 02.12.2021 bearing Document No.5106/2021 by considering the petitioner's representation

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.25031 of 2023

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dated on 10.02.2023 within stipulated by this Court may deem fit and proper in the circumstances of this case.

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For Petitioner : Mr.R.Rajaselvan

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For Respondents : Mr.M.Prakash Additional Government Pleader for R.1 & R.2

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ORDER

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Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the official respondents. Since notice was issued to the respondents 3 and 4 but they have not chosen to enter appearance.

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2.The petitioner questions the registration of the petition

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mentioned document. During the relevant time the following circulars were issued by the Inspector General of Registration were holding the field:

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“(a) Letter No.41350/U1/2017 dated 31.07.2018

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(b) Letter No.41350/U1/2017 dated 21.12.2020”

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.25031 of 2023

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Of course, Section 77-A of the Registration Act cannot be invoked for the

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present. The first respondent is directed to hold an enquiry in terms of the aforesaid circulars and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. It is for the first respondent to put on notice all the interested parties including the private respondents herein before passing orders.

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This writ petition is disposed of accordingly. There shall be no

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order as to costs.

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21.11.2023

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NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA

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1.The District Registrar South, Office of the District Registrar, Madurai, Madurai District.

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2.The Sub Registrar Office, Office of the Sub Registrar, Peraiyur, Madurai District.

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3/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.25031 of 2023

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G.R.SWAMINATHAN, J.

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MGA

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W.P(MD)No.25031 of 2023

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21.11.2023

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https://www.mhc.tn.gov.in/judis

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Kannan P v. The District Registrar South

Case brief

What is this about?

What did the court decide?

Kannan P v. The District Registrar South

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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