Allowed

B.Appakutty v. the Inspector General of Registration

Madras HC22 Nov 2024WP/27054/2024

Case brief

AI extract

What is this about?

The High Court of Madras allowed a writ petition challenging an order cancelling sale deeds under Section 77-A of the Registration Act. Relying on a Division Bench precedent, the Court set aside the impugned order and directed the withdrawal of relevant entries in the Encumbrance Certificate.

What did the court decide?

Impugned order set aside; Writ Petition allowed; Connected Miscellaneous Petition closed; No costs.

B.Appakutty Vs the Inspector General of Registration — Property and Title | Madras HC (2024)

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W.P.No.27054 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.11.2024

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CORAM

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THE HON'BLE MS.JUSTICE P.T.ASHA

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W.P.No.27054 of 2024 and

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W.M.P.No.29569 of 2024

B.Appakutty

... Petitioner

Vs.

The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome Highway, Pattinampakkam,

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Chennai – 28.

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The District Registrar, The District Registrar Office, 4^th Floor, C-Block, Tirupathur.

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The Sub-Registrar, The Office of Sub-Registrar, Thirupattur.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records of the 2^nd respondent in connection with the impugned order vide No.1888/AA3/2022 dated 18.04.2023 and to quash the same as illegal and unconstitutional and to consequently direct the 3^rd respondent to remove the

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

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Page No. 1 of 4

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W.P.No.27054 of 2024

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entry made by the 3^rd respondent in the description of Encumbrance Certificate relating to the proceedings of the 2^nd Respondent in No.1888/AA3/2022 dated 18.04.2023 in cancelling Sale Deeds Doc.No's.8095/2016, 3396/2017 and 3397/2017 registered on the file of Thirupattur SRO.

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For Petitioner : Mr.G.Mohammed Aseef For Respondents : Mr.P.Harish Government Advocate

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ORDER

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This Writ Petition has been filed for a Certiorarified Mandamus to call for the records of the 2^nd respondent in connection with the impugned order vide No.1888/AA3/2022 dated 18.04.2023 and to quash the same as illegal and unconstitutional and to consequently direct the 3^rd respondent to remove the entry made by the 3^rd respondent in the description of Encumbrance Certificate relating to the proceedings of the 2^nd Respondent in No.1888/AA3/2022 dated 18.04.2023 in cancelling Sale Deeds Doc.No's.8095/2016, 3396/2017 and 3397/2017 registered on the file of Thirupattur SRO.

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

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_____________ Page No. 2 of 4_

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W.P.No.27054 of 2024

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The cancellation has been made on the strength of the provisions of

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Section 77-A of the Registration Act.

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Since the matter is covered by the orders of the Division Bench of

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this Court in M.Kathirvel and others vs. Inspector General of Registration

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2024 (4) CTC, 769 , this Court is not going into the facts of the case.

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In the light of the Judgement passed by the Division Bench of this

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Court in M.Kathirvel and Others vs. Inspector General of Registration – 2024 (4) CTC 769 , the Impugned Order is set aside. Accordingly, the Writ

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Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

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22.11.2024

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Index : Yes/No Speaking/Non-speaking Order Neutral Citation :Yes/No rgm

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

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_____________ Page No. 3 of 4_

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W.P.No.27054 of 2024

P.T.ASHA, J.

rgm

The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome Highway, Pattinampakkam, Chennai – 28.

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The District Registrar, The District Registrar Office, 4^th Floor, C-Block, Tirupathur.

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The Sub-Registrar, The Office of Sub-Registrar, Thirupattur.

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W.P.No.27054 of 2024 and W.M.P.No.29569 of 2024

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22.11.2024

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https://www.mhc.tn.gov.in/judis _____________ Page No. 4 of 4_

B.Appakutty v. the Inspector General of Registration

Case brief

What is this about?

What did the court decide?

B.Appakutty 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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