Disposed

M/S.Savitha Estates and Builders Pvt. Ltd. v. the Inspector General of Registration

Madras HC13 Mar 2024WP/3088/2024

Case brief

AI extract

What is this about?

Writ petition sought mandamus to cancel a deed of settlement allegedly fraudulently obtained and registered, on consideration of the petitioner's representation. The court noted the Section 77A enquiry is stayed pending a Larger Bench decision due to differing Single Bench verdicts, declined to decide, and disposed of the petition leaving the petitioner free to approach the Civil Court.

What the court decided

AI extract

M/S.Savitha Estates and Builders Pvt. Ltd. Vs the… — Property and Title | Madras HC (2024)

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W.P.No.3088 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.03.2024

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CORAM

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THE HON'BLE MR. JUSTICE P.VELMURUGAN

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W.P.No.3088 of 2024 and W.M.P.No.3373 of 2024

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M/S.SAVITHA ESTATES AND BUILDERS PVT. LTD. NOW CHANGED as B M P BUILDERS AND DEVELOPERS INDIA PVT.LTD., A PRIVATE LIMITED COMPANY, INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE, AT SAVITA ENCLAVE, NO.3, 4TH ST., R V NAGAR, ANNA NAGAR, EAST, CHENNAI 600 102. REP. BY ITS DIRECTOR MR.M. P. SAI CHANDAN.

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... Petitioner

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Vs.

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THE INSPECTOR GENERAL OF REGISTRATION NO.100 SANTHOME HIGH ROAD, R A PURAM, CHENNAI 600028.

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THE DISTRICT COLLECTOR SINGARAVELAN MALIGAI, RAJAJI SALAI, CHENNAI 600001.

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THE JOINT SUB-REGISTRAR II (IN THE CADRE OF DISTRICT REGISTRAR), THOUSAND LIGHTS SUB-REGISTRATION OFFICE, NO.6 K B DASAN ROAD, SEETHAMMAL COLONY, ALWARPET, CHENNAI 18.

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Page 1 of 5

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

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W.P.No.3088 of 2024

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4.A.KANTHAPPAN

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K.VIJI

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3^rd respondent to cancel the deed of settlement in Doc.No. 704/2021 dated 04.08.2021 fraudulently with a mala-fide created by the 4^th and 5^th respondents, registered in the office of the 3^rd respondent in considering the written representation dated 01.03.2023.

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For Petitioner : Mr.V.Jayachandran

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For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for RR1 to 3 for RR4 & 5 – Not ready in notice

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O R D E R

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This Writ Petition has been filed for issuance of Writ of Mandamus,

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to direct the 3^rd respondent to cancel the deed of settlement in Doc.No. 704/2021 dated 04.08.2021 fraudulently obtained by the 4^th and 5^th respondents, registered in the office of the 3^rd respondent, by considering the written representation of the petitioner dated 01.03.2023.

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Mr.Yogesh Kannadasan, learned Special Government Pleader takes

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Page 2 of 5

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

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W.P.No.3088 of 2024

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notice for the respondents 1 to 3. Since there is no adverse order is being passed in this Writ Petition, as against the respondents 4 and 5, notice to the respondents 4 and 5 is hereby dispensed with.

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The learned Special Government Pleader appearing for the

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respondents 1 to 3 would submit that the representation of the petitioner dated 01.03.2023 falls under Section 77A of the Registration Act and the subject matter has already been seized of to the Larger Bench of this Court.

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Heard both sides and perused the material records of the case.

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Since the Single Benches of this Court have given different verdict,

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the enquiry under Section 77A of the Registration Act has been stayed and now the matter is pending with the Larger Bench of this Court. Therefore, this Court cannot decide the matter at present. The petitioner has to either wait till the outcome of the decision of the Larger Bench or there is no bar for the petitioner to seek remedy before the Civil Court.

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With the above observations, this Writ Petition stands disposed of.

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Page 3 of 5

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

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W.P.No.3088 of 2024

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No costs. Consequently connected miscellaneous petition is closed.

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13.03.2024

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Jer Index:Yes/No Speaking order/Non-speaking order Neutral citation : Yes/No

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THE INSPECTOR GENERAL OF REGISTRATION NO.100 SANTHOME HIGH ROAD, R A PURAM, CHENNAI 600028.

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THE DISTRICT COLLECTOR SINGARAVELAN MALIGAI, RAJAJI SALAI, CHENNAI 600001.

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THE JOINT SUB-REGISTRAR II (IN THE CADRE OF DISTRICT REGISTRAR), THOUSAND LIGHTS SUB-REGISTRATION OFFICE, NO.6 K B DASAN ROAD, SEETHAMMAL COLONY, ALWARPET, CHENNAI 18.

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P.VELMURUGAN, J.,

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Jer

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Page 4 of 5

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

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W.P.No.3088 of 2024

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W.P.No.3088 of 2024

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13.03.2024

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Page 5 of 5

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

M/S.Savitha Estates and Builders Pvt. Ltd. v. the Inspector General of Registration

Case brief

What is this about?

What the court decided

M/S.Savitha Estates and Builders Pvt. Ltd. v. the Inspector General of Registration

Case brief

What is this about?

What the court decided

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Issues for consideration

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