The petitioner sought cancellation of a document registration alleging contravention of earlier letters and claiming a share in joint family properties. The Court dismissed the petition, holding that determination of shares and partition lies with the Civil Court, not registering authorities, via a writ petition.
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WP.No.18706 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
WP.No.18706 of 2024 and W.M.P.No.22812 of 2024
Thamruddin
.. Petitioner
Versus
1.The Inspector General of Registration 100, Santhome High Road Mandavelipakkam, Chennai – 600 028
2.The District Registrar Kallakurichi District Tamil Nadu
3.The Sub Registrar Sakarapuram SRO Sakarapuram Taluk, Kallakurichi District Tamil Nadu
4.Akthar Begum 5.Raisur Rahiman .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct enquiry and subsequently cancel the registration of the document in Doc.No.7395/2023 dated 18.12.2023 on the file of the Sub-Registrar, Sankarapuram in contravention to the petitioner letter dated 03.10.2022 and 27.07.2023.
https://www.mhc.tn.gov.in/judis For Petitioner : Mr.P.Vasuky
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For Respondent : Mr.Stalin Abhimanyu for R1 to R3 Additional Government Pleader
ORDER
Heard both sides and perused the materials placed on record.
3 to conduct enquiry and subsequently cancel the registration of the document in Doc.No.7395/2023 dated 18.12.2023 on the file of the Sub-Registrar, Sankarapuram in contravention to the petitioner's letter dated 03.10.2022 and 27.07.2023.
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before the registering authorities. The registering authorities have no power to
go into all these things. It has to be seen only in the Civil Court.
Consequently, connected miscellaneous petition stands closed.
26.07.2024
dhk Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No
To,
1.The Inspector General of Registration 100, Santhome High Road Mandavelipakkam, Chennai – 600 028
2.The District Registrar Kallakurichi District Tamil Nadu
3.The Sub Registrar Sakarapuram SRO Sakarapuram Taluk, Kallakurichi District Tamil Nadu
N. SATHISH KUMAR, J.
dhk
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26.07.2024
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2 issues framed by the court
Whether the registering authorities have the power to cancel registration or determine title/shares in property?
Whether the petitioner's grievance regarding shares in joint family property is maintainable under Article 226?
1 provisions across 1 enactments
Thamruddin
The Inspector General of Registration
The District Registrar Kallakurichi District Tamil Nadu
The Sub Registrar Sakarapuram SRO Sakarapuram Taluk, Kallakurichi District Tamil Nadu
Akthar Begum
Raisur Rahiman
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
