Dasarathan v. the Inspector General of Registration

Madras HC18 Dec 2025WP/48392/2025

Case brief

AI extract

What is this about?

Madras High Court writ petition mandamus removal of wrong entries Encumbrance Certificate No.88304303 of 2023 dated 15.03.2023 Plot No.73 Thiruneelakandanagar New Survey Nos.390/16 391/23 Thiruvallur Red Hills Sub Registrar Registration Act 1908 Section 77-A cancellation power of attorney fraud Vasanthalakshmi conveyances Sheela Dinesh Babu N.Ramu recourse to jurisdictional civil Court disposed without costs representation dated 13.08.2025 Dasarathan.

What did the court decide?

No relief granted; petitioner left open to approach the jurisdictional civil Court for cancellation of such conveyances. ¶¶24

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

What the court decided

AI extract

Outcome

No relief granted; petitioner left open to approach the jurisdictional civil Court for cancellation of such conveyances.

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Issue for consideration

Whether the petitioner can obtain, by way of a writ of mandamus under Article 226, removal of the allegedly wrongful entries in the register of encumbrances arising from conveyances executed under an allegedly unlawful power of attorney, or whether the recourse lies to the jurisdictional civil Court.

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Court's answer

If aggrieved by the conveyances effected pursuant to the alleged unlawful power of attorney, the recourse for the petitioner is to the jurisdictional civil Court.

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Ratio / Principle

Leaving it open to the petitioner to approach the jurisdictional civil Court for cancellation of such conveyances, the writ petition was disposed of without any order as to costs, and the connected writ miscellaneous petition was closed.

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Detailed headnote1 paragraphs

Madras High Court (Senthilkumar Ramamoorthy, J., 18.12.2025) disposed of a writ petition under Article 226 in which Dasarathan sought a mandamus to the Inspector General of Registration, the District Registrar (Thiruvallur) and the Sub Registrar (Red Hills) to remove entries in Encumbrance Certificate No.88304303 of 2023 dated 15.03.2023 for Plot No.73, Part 2, Thiruneelakandanagar (New Survey Nos.390/16, 391/23), said to relate to conveyances allegedly executed by the fourth respondent under a power of attorney fraudulently obtained from one Vasanthalakshmi. The Special Government Pleader submitted that the petitioner sought, in effect, an order of cancellation under Section 77-A of the Registration Act, 1908. Holding that the petitioner's recourse, if aggrieved by such conveyances, is to the jurisdictional civil Court, the Court disposed of the writ petition without any order as to costs, leaving the petitioner free to seek cancellation of the conveyances before the civil Court, and closed the connected writ miscellaneous petition (W.M.P.No.54031 of 2025).

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.12.2025

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.48392 of 2025 and W.M.P.No.54031 of 2025

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Dasarathan ... Petitioner

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-vs-

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1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai 28.

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2.The District Registrar, Office of the District Registrar, Thiruvallur, Thiruvallur District.

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3.The Sub Registrar, Office of the Sub Registrar, Red Hills, Thiruvallur District.

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4.Sheela

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5.Dinesh Babu

6.N.Ramu

... Respondents

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

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PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing 1^st to 3^rd respondents to remove wrong entries made in Encumbrance Certificate No.88304303 of 2023 dated 15.03.2023 for the property situated at Plot No.73, Part 2, Thiruneelakandanagar in Survey No.390, 391 in total 1815 sq.ft, New Survey Nos.390/16, 391/23 by considering the representation dated 13.08.2025.

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For Petitioner : Mr.I.Arockia Selvaraj For Respondents : Mr.U.Baranidharan, 1 to 3 Special Government Pleader **********

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ORDER

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According to the petitioner, the fourth respondent fraudulently obtained a power of attorney from one Vasanthalakshmi and executed conveyances unlawfully on that basis. After submitting representation dated 13.08.2025 seeking deletion of entries in the register of encumbrances relating to such conveyances, the present writ petition has been filed.

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

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Learned Special Government Pleader accepts notice for respondents 1 to 3. By drawing reference to the petitioner’s representation dated 13.08.2025, he submits that the petitioner seeks, in effect, an order of cancellation under Section 77-A of the Registration Act, 1908.

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From the averments in the affidavit, it is evident that the petitioner is aggrieved by the alleged unlawful power of attorney and the conveyances effected pursuant thereto. The recourse for the petitioner is to the jurisdictional civil Court, if aggrieved by such conveyances. Therefore, by leaving it open to the petitioner to approach the jurisdictional civil Court for cancellation of such conveyances, this writ petition is disposed of without any order as to costs. Consequently, the connected writ miscellaneous petition is closed.

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18.12.2025

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rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No

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3/5

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

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