Dismissed

Akbr Leathers Employees Union v. Inspector General

Madras HC24 Jul 2024WP/20255/2024

Case brief

AI extract

What is this about?

This Writ Petition sought a direction to cancel a registered sale document regarding seized property under Section 77A of the Registration Act. The Court dismissed the petition as an abuse of authority under Article 226, noting the petitioner had already lost rights in the underlying industrial dispute as evidenced by the sale via auction in 2008.

What did the court decide?

The writ petition is dismissed with no costs.

Akbr Leathers Employees Union Vs Inspector General — Cheque Dishonour | Madras HC (2024)

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W.P.No.20255 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.07.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.No.20255 of 2024

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Akbar Leathers Employees Union Rep by its General Secretary M.H.Babu C/o.2/34, Periyankuppam Post, Ambur, Vellore District Tamil Nadu – 635 814

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... Petitioner

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1.The Inspector General O/o.the Inspector General of Registration No.100, Santhome High Road, Chennai – 28.

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2.The Collector Tirupattur District Collectorate Government Garden Tirupattur, Tamil Nadu – 635 601.

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3.The Tahsildar Ambur Taluk Office Somalapuram Ambur, Tamil Nadu – 653802.

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4.Mr.Ghanthiraj 5.Mr.Paresh Akbar ... Respondents

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1/5

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

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W.P.No.20255 of 2024

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the first respondent herein to conduct enquiry and dispose of the petitioner's application dated 07.09.2023 for cancellation of the Registered Doc.No.6229/2008 dated 26.08.2008, Sub Registrar Office, Ambur under Section 77A of the Registration Act as expeditiously as possible.

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For Petitioner : Mr.G.Muthu For Respondents : Mr.M.Shajahan, Spl.GP for R1 Mr.G.Ameedius for R2 & R3

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O R D E R

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By consent of both sides, this Writ Petition is disposed of at the

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stage of admission itself.

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The case of the petitioner is that Akbar Leathers Ltd, Ambur had

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filed CP.No.47 to 51 of 1998 before the Labour Court, Vellore, wherein orders have been passed in favour of the 19 employees, other than the employees who are member in the present union. The Court also ordered the amount to be collected from the Management of Akbar Leather Ltd by way of conducting public auction and distribute the amount to the said 19 employees. By an auction notice dated 02.01.2003, public auction was conducted on 09.01.2003 and the 4^th respondent paid the 25% of the initial amount with a condition to pay the balance amount within 30days from the

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2/5

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

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W.P.No.20255 of 2024

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auction, thereafter, it appears that the property has been sold to the 4^th respondent.

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Heard the learned Counsel for the petitioner and the learned Special Government Pleader for first respondent and learned Government Advocate for respondents 2 and 3 and perused the materials available on record.

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According to the petitioner, the property has been under valued and the petitioner has given a representation dated on 07.09.2003 to the first respondent for cancellation of the Doc.No.6629/2008 dated 26.08.2008 at SRO, Ambur.

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The very affidavit itself indicates that the petitioner lost his rights in the Industrial Dispute before the concerned authorities. The property is said to have been sold in the public auction during the year 2008 itself. Now, one of the employees of the association seeks to cancel the document under Section 77A. This Court is of the view that it is nothing but an abuse of powers of Article 226 of the Constitution of India. Hence, I do not find

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any merits in this writ petition.

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3/5

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

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W.P.No.20255 of 2024

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In the result, the writ petition is dismissed. No costs.

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24.07.2024

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Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No tsh To 1.The Inspector General O/o.The Inspector General of Registration No.100, Santhome High Road, Chennai – 28.

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2.The Collector Tirupattur District Collectorate Government Garden Tirupattur, Tamil Nadu – 635 601.

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3.The Tahsildar Ambur Taluk Office Somalapuram Ambur, Tamil Nadu – 653802.

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4/5

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

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W.P.No.20255 of 2024

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N.SATHISH KUMAR, J.

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tsh

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W.P.No.20255 of 2024

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24.07.2024

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5/5

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

Akbr Leathers Employees Union v. Inspector General

Case brief

What is this about?

What did the court decide?

Akbr Leathers Employees Union v. Inspector General

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

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