Disposed¶41

F.Kumaran v. the Sub Registrar

Madras HC20 Mar 2025WP/8974/2025

Case brief

AI extract

What is this about?

Sale deed cancellation; power of Sub Registrar / District Registrar to cancel registered documents; Section 77A Registration Act held unconstitutional by Madras HC Division Bench (M. Kathirvel v Inspector General of Registration); fabricated sale deed, impersonation and fraud allegations (Doc. No. 2598/2024 dated 13.05.2024, Ayothiapattinam SRO, Salem); writ of mandamus under Article 226 to consider representation dated 08.02.2025 refused; remedy preserved via fresh Article 226 writ petition for cancellation; petition disposed 20-03-2025, no costs.

What did the court decide?

Liberty alone given to the petitioners to file a fresh writ petition seeking cancellation of the document under Article 226 jurisdiction; the prayer for a mandamus to the Sub Registrar to cancel the sale deed was refused; disposed of without costs. ¶41

F.Kumaran Vs the Sub Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the relief sought in the writ petition - directing respondents 1 to 4 to consider the representation dated 08.02.2025 and directing the 1st respondent Sub Registrar to cancel the sale deed in Doc. No. 2598/2024 dated 13.05.2024, alleged to have been manufactured by impersonation and fraud - is sustainable. +1 more

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Court's answer

The relief sought in the writ petition - a direction to the Sub Registrar to cancel the registered sale deed alleged to be a fabricated document manufactured by impersonation and fraud - is not sustainable.

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Ratio / Principle

Neither the District Registrar nor the Sub Registrar has any power to cancel a registered document, since Section 77A of the Registration Act has been declared unconstitutional by the Division Bench of this Court in M. Kathirvel Vs. The Inspector General of Registration and Others.

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Key takeaways

It is left open to the petitioner to file a fresh writ petition seeking cancellation of the document in exercise of this Court's jurisdiction under Article 226 of the Constitution of India; except giving this liberty, no further orders can be passed in this writ petition.ratio¶38

Detailed headnote1 paragraphs

High Court of Judicature at Madras (N. Anand Venkatesh, J.) - WP No. 8974 of 2025, disposed 20-03-2025. Six petitioners sought a writ of mandamus under Article 226 directing respondents 1 to 4 to consider their representation dated 08.02.2025 and directing the Sub Registrar, Ayothiyappatam, to cancel a sale deed registered as Doc. No. 2598/2024 on 13.05.2024, alleging the document was fabricated through impersonation and fraud. Held: (i) the relief is not sustainable; (ii) neither the District Registrar nor the Sub Registrar has any power to cancel a registered document, since Section 77A of the Registration Act has been declared unconstitutional by the Division Bench of this Court in M. Kathirvel Vs. The Inspector General of Registration and Others (relied upon); (iii) liberty left open to the petitioners to file a fresh writ petition seeking cancellation directly under the Article 226 jurisdiction of this Court. Writ petition disposed of in those terms; no costs.

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WP No. 8974 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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WP No. 8974 of 2025

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1. F.Kumaran

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S/o.Francis, Residing At D. No. 61-2/ 4, 9G Racy Apartment, Margabandhu Street, Peramanur , Salem-636 007.

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2.F.Mani, S/o.Francis

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Residing At D. No. 61-2/ 4, 9G Racy Apartment, Margabandhu Street, Peramanur , Salem-636 007.

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3.F.Juliet Mary

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D/o.Francis, Residing At D. No. 61-2/ 4, 9G Racy Apartment, Margabandhu Street, Peramanur , Salem-636 007.

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4.F.Chandrika

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D/o.Francis, Residing At D. No. 61-2/ 4, 9G Racy Apartment, Margabandhu Street, Peramanur , Salem-636 007.

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5.F.Radhika

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D/o.Francis, Residing At D. No. 61-2/ 4, 9G Racy Apartment, Margabandhu Street, Peramanur , Salem-636 007.

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6.F.Amertham

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D/o.Francis, Residing At D. No. https://www.mhc.tn.gov.in/judis 61-2/ 4, 9G Racy Apartment,

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WP No. 8974 of 2025

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Margabandhu Street, Peramanur , Salem-636 007.

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Petitioner(s)

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The Sub Registrar Ayothiyappatam, Salem.

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2.The District Registrar Collector Office Complex, Salem.

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3.The DIG Registration Collector Office Complex, Salem.

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4.The I.G of Registration No.100. Santhome High Road, Mullima Nagar, Mandavelipakkam, Rajaannamalaipuram, Chennai028.

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5.K.Mani S/o Kandhasamy, No.5, Opp To Ration Shop, Vellaiyampatti Village Salem Taluk, Salem.

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Respondent(s)

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PRAYER

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Writ petition filed under Article 226 of Constitution of India for issuance of writ of mandamus to direct the respondents 1 to 4 to consider the representation of the petitioners dated 08.02.2025 and consequently direct the 1st respondent to cancel the sale deed registered in Doc. No. 2598/ 2024 dated 13.05.2024 on the file of Ayothiapattinam SRO.

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For Petitioner(s): R.Ganesan For Respondent: Mr.P.Harish, Government Advocate for R1 to R4

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

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WP No. 8974 of 2025

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ORDER

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The relief as sought for in the writ petition is not sustainable since the petitioner is seeking for a direction to the Sub Registrar to cancel the sale deed on the ground that the sale deed is a fabricated document which was manufactured by impersonation and fraud.

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In the considered view of this Court, neither the District Registrar nor the Sub Registrar has any power to cancel the registered document since Section 77A of the Registration Act has been declared to be unconstitutional by the Division Bench of this Court in [M.

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Kathirvel Vs. The Inspector General of Registration Department of Registration and Others]

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Considering the materials placed before this Court and the seriousness of the allegation that has been made by the petitioner, it will be left open to the petitioner to file a fresh writ petition seeking for the cancellation of the document in exercise of jurisdiction of this Court under Article 226 of the Constitution of India. Except giving this liberty, no further orders can be passed in this writ petition.

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

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WP No. 8974 of 2025

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