Madras High Court
Boopalan vs The Inspector General Of Registration on 18 December, 2024
Author: P.T. Asha
Bench: P.T. Asha
W.P.No.35996 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.12.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No.35996 of 2024
and
W.M.P.No.38884 of 2024
Boopalan ...Petitioner
Vs.
1. The Inspector General of Registration,
100, Santhome High Road,
Chennai - 600 028.
2. The Deputy Inspector General of Registration,
Thirupathiri Puliyur,
Cuddalore District - 607 002.
3. The District Registrar,
Tindivanam District Registrar's Office,
Tindivanam - 604 001.
4. Sub Registrar,
Marakkanam,
Tindivanam District Sub Registrar Office,
Tindivanam - 604 001.
5. A.K.Jakkaria ... Respondents
Prayer: Writ Petition is filed under Article 226 praying to issue a Writ
of Certiorari calling for the records and order of the third respondent
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https://www.mhc.tn.gov.in/judis
W.P.No.35996 of 2024
dated 14.12.2021 in Na.Ka.No.2541/A1/2021 in the above writ
petition, pending disposal of the above writ petition.
For Petitioner : Mr.J.Antony Jesus
For R1 to R4 : Ms.C.Meera Arumugham,
Additional Government Pleader
ORDER
Challenging the order passed by the third respondent dated 17.07.2015 in and by which the third respondent had cancelled the settlement deed executed by the petitioner in favour of his son, the petitioner is before this Court.
2. It is the case of the petitioner that the petitioner had executed a settlement deed in favour of his son vide registered Document No.2527 of 2015 dated 14.12.2021 on the file of the third respondent.
Subsequently, the settlement deed has been cancelled by the third respondent on the ground that a civil dispute is pending in O.S.No.128/2021 on the file of the Additional District Munsiff Court, Tindivanam. Hence, the petitioner is before this Court.
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3. The cancellation has been made on the strength of the provisions of Section 77-A of the Registration Act.
4. Since the mater is covered by the orders of the Division Bench of this Court in M.Kathirvel and Others Vs. Inspector General of Registration (2024 (4) CTC 769), this Court is not going into the facts of the case.
5. In the light of the judgment passed by the Division Bench of this Court reported in 2024 (4) CTC 769 [M.Kathirvel and Others Vs. Inspector General of Registration], this unilateral cancellation is invalid. Accordingly, the Writ Petition is allowed. The impugned order dated 14.02.2021 is set aside. Consequently, connected miscellaneous petition is closed. No costs.
18.12.2024
Index : Yes/No
Internet : Yes/No
av
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https://www.mhc.tn.gov.in/judis W.P.No.35996 of 2024 P.T. ASHA, J, av To
1. The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.
2. The Deputy Inspector General of Registration, Thirupathiri Puliyur, Cuddalore District - 607 002.
3. The District Registrar, Tindivanam District Registrar's Office, Tindivanam - 604 001.
4. Sub Registrar, Marakkanam, Tindivanam District Sub Registrar Office, Tindivanam - 604 001.
W.P.No.35996 of 2024 and W.M.P.No.38884 of 202418.12.2024 4/4 https://www.mhc.tn.gov.in/judis