Dismissed
Janaki. R v. The Deputy Inspector General of Registrations and Appellate Officer
Madras HCWP(MD)/26766/2023
Case brief
from the order text
What is this about?
of 2023 BEFORE THE MADURAI BENCH OF MADRAS…
What the court decided
AI extract
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WP(MD). No.26766 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 05/09/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.26766 of 2023 and WMP(MD) No.23005 of 2023
Janaki. R
... Petitioner
Vs
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WP(MD). No.26766 of 2023
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order Mu.Mu.No.642/Aa.1/2019 dated 29.09.2020 passed by the 2nd respondent and the order Na.Ka.No. 4851/Tha.Pi/2021 dated 11.03.2022 passed by the 1st respondent and quash the same and consequently, direct the 2nd respondent to proceed with and pass appropriate orders under Sec.77(A) of the Registration (Tamil Nadu Second Amendment) Act 2021, cancelling the Sale Deed Doc.No.676/2007 dated 20.02.2007 executed by the 4th respondent in favour of the 5th respondent selling petitioners 1½ cents of vacant site situated in Survey No.320/8 ...
For Petitioner : Mr.S.Suresh Kumar For Respondents : Mr.P.Subbaraj for R1 to R3 Special Government Pleader NO appearance for R4 & R5
ORDER
The writ petition has been filed challenging the order of the 2nd respondent dated 29.09.2020 and the order dated 11.03.2022 passed by the 1st respondent and consequently, direct the 2nd respondent to proceed with and pass appropriate orders under Sec.77(A) of the Registration (Tamil Nadu Second Amendment) Act 2021, cancelling the Sale Deed Doc.No.676/2007 dated 20.02.2007 executed by the 4th respondent in
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WP(MD). No.26766 of 2023
favour of the 5th respondent selling petitioners 1½ cents of vacant site situated in Survey No.320/8 in Vembanur Village, Agastheeswaram Taluk, Kanyakumari District and registered at the 3rd respondent Rajakkamangalam Sub Registrar Office as a fraudulent document and invalid in law.
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WP(MD). No.26766 of 2023
title issue. If really the petitioner's land has been sold and document has been executed in some other name, the proper way for the petitioner is to file a suit to cancel the same and not by way of filing writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.
05.09.2024
RR
TO
Nagercoil - 629 001, Kanniyakumari District..
Sub Registrar Office - Registration Department, Ganapathipuram (Post), Rajakkamangalam - 629 502, Kanniyakumari District..
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WP(MD). No.26766 of 2023
N.SATHISH KUMAR,J
RR
ORDER IN WP(MD) No.26766 of 2023
Date : 05/09/2024
5/5
1 issue framed by the court
Whether registration authorities can cancel a sale deed allegedly fraudulently registered over the petitioner's land under Sec. 77(A) of the Registration Act amendment.
2 provisions across 2 enactments
Janaki. R
The Deputy Inspector General, Of Registrations and Appellate Officer, Registration Department, Tirunelveli Region
The District Registrar (Administration), Registration Department, Nagercoil
The Sub Registrar, Sub Registrar Office - Registration Department, Ganapathipuram (Post), Rajakkamangalam
K.Rajamani
C.Sirumani
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court