D.Johnson Vs The Inspector General of Registration

Prayer in W.P.No.2036 of 2021 : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records pertaining to the impugned sale deed No.66 of 2018 dated 03.06.2018 registered in the Office of the SubRegistrar, Thiruporur executed in favour of the 6^th respondent and to quash the same as illegal, non-est in the eye of law, unconstitutional, null and void and consequently direct the third respondent to remove the entry of sale deed No.66 of 2018 dated 03.06.2018 from their records.

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(In W.P.No.18346 of 2021) :

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For petitioner : Mr.R.Sreedhar For RR 1 to 5 : Mr.U.Baranidharan Special Government Pleader For R6 : No appearance

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W.P.No.18352 of 2021 :

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D.Johnson .. Petitioner

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Vs.

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1.The Inspector General of Registration, 1000, Santhome High Road, Raja Annamalai Puram, Chennai – 600 028.

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

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W.P.Nos.18346 & 18352 of 2021

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2.The District Registrar (Administration), South Chennai, No.9, Jones Road, Saidapet, Chennai – 600 015.

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3.The Sub-Registrar, O/o. The Sub-Registrar, Registration Department, Thiruporur.

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4.The Inspector of Police, District Land Grabbing Cell, O/o. The District Superintendent of Police, Kancheepuram District.

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5.The Superintendent of Police, O/o. The Superintendent of Police, Kancheepuram District.

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6.P.Amudha

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7.Housing Development Finance Corporation,

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2^nd floor, I.T.C.Centre, 760, Anna Salai, Chennai – 600 002. .. Respondents

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Prayer in W.P.No.18352 of 2021 : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records pertaining to the impugned sale deed No.12849 of 2018 dated 22.11.2018 registered in the Office of the SubRegistrar, Thiruporur executed in favour of the 6^th respondent and to quash the same as illegal, non-est in the eye of law, unconstitutional, null and void and consequently direct the third respondent to remove the

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

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records.

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W.P.Nos.18346 & 18352 of 2021

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entry of sale deed No.12849 of 2018 dated 22.11.2018 from their records.

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(In W.P.No.18352 of 2021) :

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For petitioner : Mr.R.Sreedhar For RR 1 to 5 : Mr.U.Baranidharan Special Government Pleader For R6 : No appearance For R7 : Mr.K.S.Parthasarathy

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C O M M O N O R D E R

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These writ petitions have been filed challenging the sale deeds

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dated 03.06.2018 & 22.11.2018 registered as document Nos.66 of 2018 & 12849 of 2018 respectively on the file of the 3^rd respondent which was executed in favour of the 6^th respondent and for a consequential direction to the 3^rd respondent to remove the entry made in the encumbrance register pertaining to these sale deeds.

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2.Heard the learned counsel for the petitioner, learned Additional Government Pleader for respondents 1 to 5 and learned counsel for the 7^th respondent in W.P.No.18352 of 2021.

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

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W.P.Nos.18346 & 18352 of 2021

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3.The main ground that has been alleged in the affidavit filed in

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support of these writ petitions is that the sale deeds are fabricated documents since there was impersonation of the father of the petitioner. It is brought to the notice of this Court that there are two suits in O.S.No.259 of 2019 (re-numbered as O.S.No.17 of 2022) and O.S.No.23 of 2020 (re-numbered as O.S.No.165 of 2023) which are pending on the file of the District Munsif Court at Thiruporur, wherein the petitioner has challenged the sale deeds dated 03.06.2018 and 22.11.2018. In view of the same, it will be more appropriate to grant liberty to the petitioner to challenge the sale deeds by raising all the grounds before the Civil Court where the suits are pending and the same will be considered by the Trial Court on its own merits and in accordance with law. The sale deed is of the year 2018 and the suits were filed in the year 2019 & 2020 respectively. It is further submitted that these suits are now going to be transferred to the Chengalpet Court, since the concerned village falls within the jurisdiction of Chengalpet. In such an event, the suits shall be transferred to the concerned Court in Chengalpet within a period of four (4) weeks from the date of receipt of a copy of this order and thereafter, the suits shall be disposed of within a period of nine (9) months thereafter.

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

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W.P.Nos.18346 & 18352 of 2021

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4.Accordingly, these Writ Petitions are disposed of with the above

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directions. Consequently, the connected Miscellaneous Petitions are

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closed. No costs.