The High Court dismissed a writ petition seeking a Mandamus directive to cancel certain registrations. The Court held that once a document is registered by the Sub-Registrar, the Registration Authority lacks the power to cancel it, and the remedy lies exclusively before the competent Civil Court.
dismissal of the Writ Petition; no costs awarded.
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: 09.10.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.3339 of 2018
v. 1. The Inspector General of Registrar, Santhome High Road, R.A. Puram, Chennai – 600 028.
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 & 2 to cancel the illegal registration done in Doc. No.2052/2012, dated 20.06.2011 for Plot Nos. 5, 11, 12 and Doc. No.1300 of 2008, dated 23.4.2008 and Doc. No.4622 of 2012, dated 12.12.202 for Plot No. 11 pursuant to the same being declared as fraudulent and wrong by the 3rd respondent in letter dated 31.01.2015 within a stipulated time limit.
For Petitioners : Mr. D. John Samuvel For Respondents : Mr. B.Kannan Government Advocate – R1 & R2 Ms A. Madhumathi, Special Gov. Pleader - R3 Mr. J. Milton Arul Rajendran – R7 No Appearance – R4 Not Ready in Notice – R5 & R6
O R D E R
The petitioners have filed the above Writ Petition to issue a Writ of Mandamus directing the respondents 1 & 2 to cancel the illegal registration done in Doc. No.2052/2012, dated 20.06.2011 in respect of Plot Nos. 5, 11, 12 and Doc. No.1300 of 2008, dated 23.4.2008 and Doc. No.4622 of 2012, dated 12.12.202 in respect of Plot No. 11, within a time frame.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar To 1. The Inspector General of Registrar, Santhome High Road, R.A. Puram, Chennai – 600 028. 2. The District Registrar, Office of the District Registrar, Central Chennai, Chennai – 600 014. 3. The Deputy Commissioner of Police, Central Crime Branch, Veperi, Chennai – 600 014. +1cc to the Government Pleader in Sr.33526 W.P.No.3339 of 2018 and M.P.No.1 of 2013
VSN-II(CO) RV(05/11/2020)
2 issues framed by the court
Whether the Civil Court is the only competent forum to cancel a registered document.
Whether a Writ of Mandamus can be issued directing the Registration Authority to cancel a registered document.
1 provisions across 1 enactments
P.P. Sundaramoorthy
S. Geetha
The Inspector General of Registrar
The District Registrar
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
