IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice SENTHILKUMAR RAMAMOORTHY
V.S.A.EDUCATIONAL AND CHARITABLE TRUST – Appellant
Versus
THE INSPECTOR GENERAL OF REGISTRATION – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-12-2025 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP.No.22876 of 2025 V.S.A.Educational and Charitable Trust, Rep. by its Trustee Mrs. Maheswari, No. 63/1, D1, Maxis Presidium, 24th Street, L Block, Chennai-600 102.
..Petitioner Vs
1. The Inspector General of Registration, O/o. Inspector General of Registration, 100, Santhome High Road, Chennai 600 028. 2. The District Revenue Officer & Additional District Magistrate, Salem.
3. The Revenue Divisional Officer, Salem.
4.The Sub Registrar, O/o. Sub-Registration Office, Veerapandi, Salem District.
5. The Tahsildar, Salem South, Salem District.
6.Vanniyar Welfare Trust, Old No. D No. 146, New D No. 313, Trichy Main Road, Dadagapatti Village, Salem South Taluk, Salem-600 006.
..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Declaration to declare the affidavit dated 06.03.2024 executed by the 6th respondent and registered under Book IV in the office of the Sub-Registrar, Veerapandi, Salem District, vide Document No. 7/Book No.IV/2024, as null and void, and consequently cancel the Patta mutation proceedings in T.R. 2024/08/12/000551SD, dated 25.03.2024 relating to Patta No.2203, Uthamasozhapuram Village, Salem South Taluk, Salem District in the interest of justice.
For Petitioner: Mr. T. Arunkumar for Tamizh Law Firm For Respondents: Ms.Akila Rajendran, Govt. Advocate for R1 to R5 Mr.I.Iniyan for R6
ORDER
An affidavit dated 06.03.2024 was executed by the sixth respondent and registered under Book IV in the office of the Sub-Registrar, Veerapandi, Salem District. By this writ petition, the petitioner seeks a declaration that such affidavit is illegal, null and void. The petitioner also seeks the consequential relief of cancellation of patta transfer order dated 25.03.2024.
2. By referring to the impugned affidavit, learned counsel submits that the affidavit refers to alleged errors in sale deed bearing document no.2943/2020. He also points out that the affidavit has not been affirmed by all the parties to sale deed bearing document no.2943/2020. In those circumstances, learned counsel submits that the affidavit is illegal, null and void. He also submits that the patta transfer obtained on the basis of the affidavit is liable to be cancelled.
3. Learned counsel for the petitioner also relies on Circular No.2024/C1/1999, dated 26.03.2003 (Circular dated 26.03.2003) to contend that registering officers should not register a deed of rectification of a sale deed unless all parties to the earlier sale deed have signed such rectification deed.
4. Ms.Akila Rajendran, learned Government Advocate, appears on behalf of respondents 1 to 5. Mr.I.Iniyan, learned counsel, appears on behalf of the sixth respondent.
5. Circular dated 26.03.2003 directs the registering officers not to register a rectification deed unless all parties to the earlier sale deed have executed such rectification deed. The impugned affidavit does not qualify as a rectification deed merely because it was registered under Book IV. As regards the patta transfer order dated 25.03.2024, if the petitioner is aggrieved by such patta transfer, the petitioner has a statutory remedy under the Tamil Nadu Patta Passbook Act before the jurisdictional Revenue Divisional Officer. Therefore, it is open to the petitioner to seek cancellation of the patta by resorting to such proceedings. If any further rights are asserted on the basis of the impugned affidavit, the petitioner may approach the jurisdictional civil court for relief in respect thereof.
SENTHILKUMAR RAMAMOORTHY, J.
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6. With these observations, this writ petition is disposed of without any order as to costs. Consequently, connected miscellaneous petition is closed.
11-12-2025 Index : Yes/No Internet:Yes/No Neutral Citation : Yes/No kj To
1. The Inspector General of Registration, O/o. Inspector General of Registration, 100, Santhome High Road, Chennai 600
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