K.Mubarak Basha Vs Inspector General of Registration

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to cancel the unilateral cancellation Deed No.2640/2020 and restore status quo ante to the General Power of Attorney No.4264/2018, on the file of third respondent.

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For Petitioner : Mrs.AL.Ganthimathi Senior Counsel for Mr.B.Ram Prasath For Respondents : Mr.B.Vijay Additional Government Pleader for R1 to R3 Mr.V.Sekar for R4 Mr.E.C.Ramesh for R7 No appearance for R5

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O R D E R

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This writ petition has been filed for the issue of a writ of mandamus directing the 3^rd respondent to cancel the unilateral cancellation deed registered as Document No.2640/2020 and restore the Power of Attorney deed registered as Document No.4264/2018.

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2.Heard Mrs.AL.Ganthimathi, leared Senior Counsel for the petitioner, Mr.B.Vijay, learned Additional Government Pleader for R1 to R3, Mr.V.Sekar, learned counsel for R4 and Mr.E.C.Ramesh, learned counsel for R7.

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https://www.mhc.tn.gov.in/judis

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W.P.No.38727 of 2024

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3.In the considered view of this Court, the respondents do not have any power or jurisdiction to cancel any document since Section 77-A of the Registration Act, has already been held to be unconstitutional by the Division Bench of this Court in M.Kathirvel vs. The Inspector General of Registration, reported in 2024 (4) CTC 769. Hence, if at all the petitioner has any grievance it can be only to agitated before the competent Civil Court.

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4.It is also brought to the notice of this Court that a suit has already been filed by the 5^th and 6^th respondents in OS.No.194/2022 and the same is pending before the Principal District Judge, Krishnagiri. In this suit, the petitioner has been added as the 2^nd defendant. In that suit, one of the relief that has been sought for is to declare the cancellation deed dated 09.09.2020 registered as Document No.2640/2020 as null and void. In view of the same, all the parties can agitate their rights in the pending suit and no further orders can be passed in this writ petition.

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

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14.02.2025

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Index : Yes/No NCS : Yes/No KP

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https://www.mhc.tn.gov.in/judis

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W.P.No.38727 of 2024