Allowed

Nagaraj. K.T v. The District Registrar

Madras HC29 Aug 2024WP(MD)/11669/2023

Case brief

AI extract

What is this about?

The petition challenged a show cause notice issued to cancel a registered sale deed. Relying on settled precedent that registering authorities lack power to cancel registered documents without Section 77(A), the Court held the notice illegal and quashed it allowing the writ petition.

What did the court decide?

Impugned show cause notice dated 12.04.2023 quashed and Writ Petition allowed with no costs.

Nagaraj. K.T Vs The District Registrar — Writ and Judicial Review | Madras HC (2024)

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W.P(MD)No.11669 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 29.08.2024

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CORAM :

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P(MD)No.11669 of 2023 and W.M.P.(MD)Nos.10131 & 10132 of 2023

K.T.Nagaraj

... Petitioner

Vs.

1.The District Registrar, District Registrar Office, Periyakulam, Theni District.

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2.The Joint-I Sub Registrar, Joint-I Sub Registrar Office, Periyakulam, Theni District.

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3.S.Jeyachandran 4.S.Indirani ... 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 Certiorarified Mandamus, to call for the records pertaining to the impugned show cause notice issued by the 1^st respondent in Na.Ka.No.1327/E2/2023, dated 12.04.2023 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently, forbearing the respondents 1 and 2 and their officials not to cancel the sale deed of the petitioner vide Document No.1669/2021, dated 12.07.2021 pending on the file of the 2^nd respondent.

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

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W.P(MD)No.11669 of 2023

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For Petitioner : Mr.T.Wins For R1 & R2 : Mr.P.Subbaraj, Special Government Pleader For R3 : No Appearance For R4 : Mr.S.C.Herold Singh

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ORDER

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Challenge has been made to the show cause notice of the 1^st respondent dated 12.04.2023.

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2.It is the case of the petitioner that the property in S.No.2466/3 situated at Thamaraikulam Village, Periyakulam Taluk, Theni District originally belonged to the father of the 3^rd respondent and during his life time, he bequeathed all his properties in favour of his two sons through a registered Will dated 05.08.2016. After his death, the Will came into force and therefore, the 3^rd respondent sold the property in question in favour of the petitioner through registered sale deed dated 12.07.2021. Since then the petitioner is in possession and enjoyment of the same. In such circumstances, the 4^th respondent, who is none other than the mother of the 3^rd respondent, made a complaint to the 1^st respondent, seeking cancellation of the sale deed dated 12.07.2021, due to some misunderstanding between them. Pursuant to the

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

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W.P(MD)No.11669 of 2023

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same, the 1^st respondent issued the show cause notice dated 12.04.2023. Challenging the same, the petitioner has filed this Writ Petition.

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3.It is seen that the very Section 77(A) inserted under Registration Act is struck down by the Division Bench of this Court in W.P.No.10291 of 2022 batch. That apart the registering authority has no power to cancel the document already registered, in view of the order passed in Satya Pal Anand v. State of M.P.[ 2016 10 SCC 767] and G. Rajasulochana v Inspector General made in W.P 29706 of 2024 dated 16.04.2024.

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4.In view of the above settled position of law, the impugned show cause notice of the 1^st respondent dated 12.04.2023 is quashed and this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

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29.08.2024

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

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Yuva

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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.11669 of 2023

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N.SATHISH KUMAR, J

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Yuva

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1.The District Registrar, District Registrar Office, Periyakulam, Theni District.

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2.The Joint-I Sub Registrar, Joint-I Sub Registrar Office, Periyakulam, Theni District.

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W.P(MD)No.11669 of 2023

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29.08.2024

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https://www.mhc.tn.gov.in/judis 4/4

Nagaraj. K.T v. The District Registrar

Case brief

What is this about?

What did the court decide?

Nagaraj. K.T v. The District Registrar

Case brief

What is this about?

What did the court decide?

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