Urmila Devi Vs the Sub Registrar

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondent to cancel the power of Attorney dated 11.11.2013 registered as Doc. No.14325 of 2013 SRO Thiruvallur, purportedly executed by the Kasthurirangan, constituting and

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appointing U.Mannar as his PoA Agent, to do the acts, deeds and this pertaining to the subject property on the strength of the judgment dated 21.12.2022 rendered by the learned District Munsiff, Tiruvallur, in O.S. No.185 of 2018 by

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making necessary entries in the records at SRO Tiruvallur and to ensure that such cancellation is also reflected in the Encumbrance Certificate pertaining to the property bearing Plot No.223, comprised in Punjai Survey No.238/6 and 240/1, measuring in extent 4162 sqft., situated in No.75, Kakalur Village, Tiruvallur Taluk and District, situated within the Registration district of Tiruvallur and Registration Sub District of Tiruvallur.

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For Petitioner(s): Mr.B.Harikrishnan

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For Respondent(s): Mr.U.Baranidharan Special Government Pleader

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ORDER

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This writ petition has been filed by the petitioner seeking to direct the 1st

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respondent to cancel the power of Attorney dated 11.11.2013 registered as Doc.

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No.14325 of 2013 SRO Thiruvallur, purportedly executed by the Kasthurirangan, constituting and appointing U.Mannar as his PoA Agent, to do the acts, deeds and this pertaining to the subject property on the strength of the

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judgment dated 21.12.2022 rendered by the learned District Munsiff, Tiruvallur,

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in O.S. No.185 of 2018 by making necessary entries in the records at SRO Tiruvallur and to ensure that such cancellation is also reflected in the Encumbrance Certificate pertaining to the property bearing Plot No.223, comprised in Punjai Survey No.238/6 and 240/1, measuring in extent 4162 sqft., situated in No.75, Kakalur Village, Tiruvallur Taluk and District, situated within

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the Registration district of Tiruvallur and Registration Sub District of Tiruvallur.

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2 .Mr.U.Baranidharan, learned Special Government Pleader, takes notice on behalf of the 1 st respondent. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

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3.Learned counsel for the petitioner would submit that in the present case, the 2nd respondent fabricated the document and executed bogus Power of Attorney as if the Power of Attorney issued by the petitioner's husband on 11.11.2013 and registered the same before the 1st respondent. Immediately after getting knowledge about the bogus Power of Attorney, the petitioner and her three sons filed suit in O.S.No.185 of 2018, on the file of the District Munsif

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Court, Tiruvallur, to declare the Power of Attorney dated 11.11.2013 as null and

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void. The suit was also decreed on 21.12.2022. Thereafter, the petitioner made a

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representation dated 26.11.2024 to the 1st respondent through her counsel to

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cancel the aforesaid Power of Attorney dated 11.11.2013 and to make necessary entries in the records and to ensure such cancellation is also reflected in the Encumbrance Certificate pertaining to the subject property. However, till date the changes have not been carried out by the 1st respondent. Hence, the present

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writ petition has been filed.

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4.Learned Special Government Pleader appearing for the 1st respondent

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would fairly submit that the representation dated 26.11.2024 has been made by

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the petitioner based on the judgment and decree made in O.S.No.185 of 2018 dated 21.12.2022, to cancel the Power of Attorney dated 11.11.2013 and the

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same will considered at the earliest point of time.

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5.Considering the submissions made by the learned counsel for the

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petitioner as well as the learned Special Government Pleader appearing for the 1st respondent, the 1st respondent is directed to consider the representation of the

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petitioner dated 26.11.2024 and the necessary entries shall be made to the extent

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that the Power of Attorney dated 11.11.2013 said to have been executed by the

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petitioner's husband in favour of the 2nd respondent is null and void as declared

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by the Civil Court in O.S.No.185 of 2018, vide judgment and decree dated 21.12.2022, within a period of two weeks from the date of receipt of a copy of this order. In the event, the copy of the judgment and decree dated 21.12.2022,

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is not furnished, the petitioner is directed to furnish the same.

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6.In the result, this writ petition is disposed of. No costs.

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08-09-2025

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rst

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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