Valliammai Vs the Inspector of Registration Department — Writ and Judicial Review | Madras HC (2025)

Valliammai Vs the Inspector of Registration Department — Writ and Judicial Review | Madras HC (2025)

Writ Petition No.3749 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

Writ Petition No.3749 of 2025

Valliammal

W/o.Pandurangan

... Petitioner

Vs.

The Inspector of Registration Department, No.100, Santhome Highways Road, Chennai – 600 028.

The District Registrar, O/o.District Registrar, Cuddalore District.

The District Registrar, O/o.District Registrar, Virudhachalam, Cuddalore District.

The Sub-Registrar, O/o. Thozhdur Registrar of Office, Cuddalore District.

Dhanavel S/o.Kandasamy

Pandian S/o.Duraisamy

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Kavitha W/o.Kannan

Mala

W/o.Muniapillai

Baskar S/o.Ramalingam

10.Chinnasamy

W/o.Perumal

11.Ponnusamy S/o.Ramasamy Konar

12.Kolanchi

W/o.Dhanavel

13.M.Rajavelu ... Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 to 4 to cancel the Will executed by Alameluammal in favour of fifth respondent and also subsequent sale deed issued in favour of the respondents 6 to 13 1) dated 08.02.1991 in Document No.4/1991 in Will, 2) dated 05.06.2002 in Document No.368 of 2002 in Sale deed executed in favour of Chinnasamy by Kavitha and Mala, 3) dated 30.01.2003 in Document No.25/2003 in Sale Deed executed in favour of Ponnusamy by Pandiyan and Regupathi, 4) dated 07.06.2024, document No.379/2004 in Sale deed in favour of Rajavelu by Kavitha and Mala, 5) dated 20.03.2013 in Document No.201/2013 in Sale deed in favour of Kolanchi by Rajavelu, 6) dated 25.10.2021 in Document No.1018/2021 in Sale

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Writ Petition No.3749 of 2025

deed in favour of Baskar by Pandiyan based on the representation of the petitioner dated 03.01.2024 within stipulated time as may be fixed by this Court.

For Petitioner : Mr.M.Senthil Kumar For Respondents : Mr.M.Shahjahan Special Government Pleader [R1 to R4] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of

mandamus directing the respondents 1 to 4 to cancel the Will dated 08.02.1991 registered as document No.4/1991 by considering the representation made by the petitioner on 03.01.2024.

Heard Mr.M.Senthil Kumar, learned counsel for petitioner

and Mr.M.Shahjahan, learned Special Government Pleader appearing for respondents 1 to 4.

In the considered view of this Court, the District Registrar

does not have the power to cancel any document since this Court has struck down Section 77-A of the Registration Act, 1908, in the judgment

in M.Kathirvel and others v. Inspector General of Registration [2024

(4) CTC 769] . That apart, it is seen that based on the Will, various https://www.mhc.tn.gov.in/judis 3/6

Writ Petition No.3749 of 2025

subsequent transactions have taken place and all those documents have been registered. Therefore, the petitioner, instead of wasting her time before the registering authorities, can seek relief before the competent civil Court and work out her remedy. Except giving this clarity, no further orders can be passed in this writ petition.

This writ petition is disposed of in the above terms. No costs.

12.02.2025

Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order gm

To

The Inspector of Registration Department No.100, Santhome Highways Road Chennai – 600 028

The District Registrar O/o.District Registrar, Cuddalore District

The District Registrar O/o.District Registrar Virudhachalam, Cuddalore District

The Sub-Registrar O/o. Thozhdur Registrar of Office

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Cuddalore District.

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N.ANAND VENKATESH, J

gm

Writ Petition No.3749 of 2025

12.02.2025

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