Writ petition filed seeking cancellation of registered documents via the registering authority. The High Court held the Registering Authority lacked this jurisdiction and directed the petitioner to approach the competent Civil Court.
Directed petitioner to file a civil suit for cancellation before a competent civil court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.15428 of 2016
Kalaiselvi ... Petitioner
Vs.
1.The Inspector General of Registration,
Santhome High Road, Chennai.
2.The Deputy Inspector General of Registration,
Cuddalore.
3.The District Registrar,
Villupuram.
4.The Sub Registrar,
Valavanur, Villupuram District. ... Respondents
Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents to initiate necessary proceedings for cancellation of documents (i) Document No.501/2010, SRO, Valavanur, (ii) Document No.1408/2014, SRO, Valavanur, (iii) Document No.2175/2014, SRO, Valavanur and (iv) Document No.1921/2015, SRO, Valavanur and also initiate proceedings under Section 83 of the Indian Registration Act.
For Petitioner : Mr.N.Suresh
For Respondents: Mr.B.Kannan,
Government Advocate
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to initiate necessary proceedings for cancellation of documents in Document No.501/2010, Document No.1408/2014, Document No.2175/2014 and Document No.1921/2015, SRO, Valavanur and also initiate proceedings under Section 83 of the Indian Registration Act.
2.Since the prayer sought for in the Writ Petition by the petitioner is to cancel the registered documents executed in favour of some individuals, who are also not parties to the Writ Petition, the remedy open to the petitioner is only to approach the competent Civil Court and the Registering Authority has no jurisdiction to cancel the registered documents.
3.With these observations, the Writ Petition is disposed of. However, it is open to the petitioner to file a Civil Suit seeking for cancellation of the documents before a Competent Civil Court. No costs.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
va
To
1.The Inspector General of Registration,
Santhome High Road, Chennai.
2.The Deputy Inspector General of Registration,
Cuddalore.
3.The District Registrar,
Villupuram.
4.The Sub Registrar,
Valavanur, Villupuram District.
+1cc to the Government Pleader Sr.30519
W.P.No.15428 of 2016 jp[co] srg 08/10/2020
2 provisions across 2 enactments
Kalaiselvi
The Inspector General of Registration
The Deputy Inspector General of Registration
The District Registrar
The Sub Registrar
M.Duraismamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
