Hon’ble Justice R. Suresh Kumar set aside the order passed by the District Registrar and remanded it back for fresh enquiry – Civil Suit not a bar for enquiry by District Registrar – Advocate Lucia Priyadarshini – Counsel for Petitioner
W.P. 2316/2023
Order dated 20/02/2023
Hon’ble Justice R. Suresh Kumar
Issue Pertaining to Section 77A of Registration Act.
Petition has been filed before the District Registrar, Gobichettipalayam to cancell the Document (Settlement Deed) Fraudulentely Registered by the SRO Sathyamangalam.
The District Registrar passed an order directing the Petitioner to approach the Civil Court to establish the title over the property.
Challenging the order passed by the District Registrar, an appeal was filed before the Inspector General of Registration
In order to conduct an enquiry a Writ of Mandamus was filed before the Hon’ble Court to number and dispose the statutory Appeal filed by the Petitioner before the IG registration
The Writ Petition came up for hearing on 20/02/2023, before his Lordship Hon’ble Mr. Justice R. Suresh Kumar,
Ms. H. LUCIA PRIYADARSHINI appeared on behalf of the Petitioner and Mr. Yogesh Kannadasam appeared for the Respondent..
It was argued by the Counsel for the Petitioner that as per the amendment made to the TN Registration Act, the enquiring authority shall not direct the parties to approach a Civil Court, when a specific directions have been issued permitting them (DR) to conduct an enquiry.
The Hon’ble Judge was pleased to take into consideration the arguments advanced and passed an order ‘Setting Aside the order passed by the District Registrar and remanding it back for fresh enquiry as per Section 77A of the Registration Act’. Though an Appeal was preferred before the IG Registration, his Lordship had observed that since the issue was not properly enquired by the District Registrar, a fresh enquiry can now be conducted after affording opportunity to the parties concerned and directed to pass orders within 8 weeks from the date of the receipt of the Order’
