Petitioner sought cancellation of a registered sale deed. Court dismissed the petition noting Section 77(A) of the Registration Act is struck down and Registrars lack power to scrutinize transactions under Satya Pal Anand and G. Rajasulochana.
None. Writ Petition dismissed; an order to cancel the sale deed was not granted.
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W.P(MD)No.14672 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.14672 of 2023
Kaja
... Petitioner
Vs.
3.Mahaboobjan
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to take necessary action and to cancel the registered sale deed vide Document No. 1523/2012 on the file of the 2nd respondent by considering the petitioner's representation dated 13.02.2023 within a stipulated time that may be fixed by this Court.
For Petitioner : Mr.R.Karunanidhi For R1 & R2 : Mr.P.Subbaraj, Special Government Pleader
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W.P(MD)No.14672 of 2023
ORDER
The petitioner seeks a direction to the 1st respondent to take necessary action and to cancel the registered sale deed vide Document No.1523/2012 on the file of the 2nd respondent by considering the petitioner's representation dated 13.02.2023 within a stipulated time that may be fixed by this Court.
2.It is the case of the petitioner that he purchased a land in Natham Survey No.561/2H to an extent of 10 cents situated at Thasidar Nagar, Tharamarikulam Village, Periyakulam Taluk from one Ganesan. Subsequent to the purchase, he availed home loan from State Bank of India, Periyakulam Branch by executing the memorandum of deposit of title deeds. Thereafter, he executed a sale deed to the 3rd respondent for the said property on condition that the 3rd respondent has to settle down the loan availed by the petitioner. However, the 3rd respondent did not take any steps to close the loan. Therefore, the petitioner sent a representation dated 13.02.2023 to the 1st respondent, seeking cancellation of the sale deed executed by the petitioner. Since the same has not been considered so far, the petitioner has filed this Writ Petition.
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W.P(MD)No.14672 of 2023
05.09.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
Yuva
To
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W.P(MD)No.14672 of 2023
N.SATHISH KUMAR, J
Yuva
W.P(MD)No.14672 of 2023
05.09.2024
1 issue framed by the court
Whether the Court can issue a writ of mandamus directing the District Registrar to cancel a registered sale deed based on a representation regarding a subsequent loan condition.
Colour shows how this judgement treated each authority
Satya Pal Anand v. State of M.P.Applied¶25
Satya Pal Anand v. State of M.P.[ 2016 10 SCC 767] · Who else cites this
G. Rajasulochana v. Inspector General (W.P. 29706 of 2024)Applied¶25
2 provisions across 2 enactments
Kaja
District Registrar
Mahaboobjan
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
