Madras High Court
Jeyakumar @ Jebakumar. K vs The Inspector General Of Registration on 25 September, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
WP(MD). No.16068 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 25/09/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.16068 of 2023
Jeyakumar @ Jebakumar. K, ... Petitioner
Vs
1. The Inspector General of Registration,
Office of the Inspector General of Registration,
100, Santhome High Road,
Raja Annamalaipuram, Chennai-600 028.
2. The District Registrar (Administration),
Tirunelveli, Tirunelveli District.
3. The Joint Sub Registrar, Joint - 1,
Tirunelveli, Tirunelveli District.
4. Mariyappan.N
5. Saravanakumar.M
6. Abdul Kadar ... Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the
Respondents 1 and 2 to cancel the fraudulent settlement deed in Doc. No.
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WP(MD). No.16068 of 2023
1650/2009 dated 30.11.2009 and the subsequent Sale Agreement deed in
Doc.No.971/2022 dated 15.06.2022 registered on the file of the 3rd
Respondent in light of the amended Section 77A of the Registration Act,
1908.
For Petitioner : Mr.Maheswaran R,
For Respondents : Mr.P.Subbaraj for R1 to R3
Special Government Pleader
Mr.N.Shylappa Kalyan for R4 & R5
No appearance for R6
ORDER
The writ petition has been filed for a mandamus directing the respondents 1 and 2 to cancel the fraudulent settlement deed in Doc. No. 1650/2009 dated 30.11.2009 and the subsequent Sale Agreement deed in Doc.No.971/2022 dated 15.06.2022 registered on the file of the 3rd Respondent in light of the amended Section 77A of the Registration Act, 1908.
2. When the matter was taken up for hearing, it is reported that the petitioner is no more.
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3. It is the case of the petitioner that the subject property is the Trust property, wherein, the father of the 4th respondent was the Trustee and after his death, the 4th respondent has become the trustee, who has filed RCOP against the petitioner herein, which came to be dismissed, against which an appeal has been filed, which also ended against the 4th respondent. Subsequently, the 4th respondent sold the property to the 5th respondent and the 5th respondent, in turn, has sold the same to the 6th respondent and the respondents 4 and 5 have demolished the property. Therefore, in order to cancel the said registration, the petitioner has given a petition to invoke Section 77A of the Registration Act. Since the same has not been considered, the petitioner is before this Court.
4. 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 fraudulent transaction cannot be gone into by the authorities, which has to be established in the manner known to law before the civil Court as per 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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5. It is also represented that the prayer that has been sought for has become infructuous. Accordingly, the writ petition is dismissed as infructuous. No costs.
25.09.2024 RR TO
1. The Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Raja Annamalaipuram, Chennai-600 028.
2. The District Registrar (Administration), Tirunelveli, Tirunelveli District.
3.The Joint Sub Registrar, Joint - 1, Tirunelveli, Tirunelveli District.
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