Dismissed¶37

K.Senthamarai v. The Additional Inspector General of Registration

Madras HC5 Mar 2026WP/13992/2020

Case brief

AI extract

What is this about?

Writ petition dismissed; Section 68(2) Registration Act 1908 struck down by Division Bench in W.P.No.10291 of 2022 (order dated 02.08.2024); registering authorities have no power to cancel fraudulent documents; remedy lies before Civil Court for cancellation or declaration of nullity; certiorari against rejection letter No.951/U1/2020 dated 11.02.2020 refused; Madras High Court; Krishnan Ramasamy J.; Vellore/Thirupathur registration records.

What did the court decide?

Writ petition dismissed with liberty to the petitioner to file a suitable petition before the appropriate Civil Court; no cost. ¶37

K.Senthamarai Vs The Additional Inspector General of… — Writ and Judicial Review | Madras HC (2026)

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WP No. 13992 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-03-2026

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CORAM

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THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY WP No. 13992 of 2020

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K.Senthamarai

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D/o. Kannu Goundar, Vinayakapuram Village, Aadhiyur Post, Thirupathur Division, Vellore District. Vellore

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Petitioner(s)

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The Additional Inspector General of Registration Office of Inspector General of Registration, Chennai - 600 028Chennai

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2.The District Registrar Registration Department, Velapadi, Vellore.

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3.The Sub Registrar Thirupathur District, Thirupathur. 4.The District Collector Thirupathur District, Thirupathur

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5.The District Superintendent of Police O/o The Superintendent of Police, Thirupathur

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6.The Thasildhar O/o The Thasildhar, Thirupathur District.

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Respondent(s)

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

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WP No. 13992 of 2020

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PRAYER

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorari, calling for records relating to the order of the 1st respondent made in Letter No.951/U1/2020 dated 11.02.2020 to quash the same and to consequently direct the respondents 4 and 6 to forthwith restore the petitioners name in the Revenue Records .

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For Petitioner(s): Mr.L.Chandrakumar

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For Respondent(s): Mr.P.Harish, GA

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ORDER

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This writ petition has filed against the order passed by the 1^st respondent vide Letter dated 11.02.2020.

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The learned counsel for the petitioner would submit that in this case, the petitioner had filed an application before the respondents, requesting for cancellation of a fraudulent document by invoking the power available to them under Section 68(2) of the Registration Act, 1908. However, the said application was rejected by the respondent, vide impugned order dated 11.02.2020. Hence, this petition.

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In reply, the learned counsel for the respondent would submit that now,

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the validity of Section 68(2) of the Registration Act, 1908, was struck down by

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

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WP No. 13992 of 2020

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the Hon'ble Division Bench of this Court vide order dated 02.08.2024 in W.P.No.10291 of 2022. In such case, the said application for cancellation of fraudulent document cannot be entertained by the respondents. Hence, he would submit that now, the only recourse available to the petitioner is to file a petition before the concerned Civil Court either for cancellation of aforesaid fraudulent document or to declare the same as “null and void”. Thus, he prays for dismissal of this petition.

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Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

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In the case on hand, initially, an application was filed by the petitioner, requesting the respondents to cancel the fraudulent document, by invoking the power available to them under Section 68(2) of the Registration Act, 1908. The said application was rejected by the respondent vide the impugned order dated 11.02.2020.

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As rightly contended by the respondent, the validity of Section 68(2) of the Registration Act, 1908, was struck down by the Hon'ble Division Bench of this Court vide order dated 02.08.2024 in W.P.No.10291 of 2022. In such case, the respondents will not have any power to cancel the aforesaid fraudulent document. Therefore, now, the only recourse available to the petitioner is to file

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

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WP No. 13992 of 2020

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a petition before the concerned Civil Court either for cancellation of aforesaid

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fraudulent document or to declare the same as “null and void”.

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In view of the above, this writ petition is dismissed with liberty to the petitioner to file a suitable petition before the appropriate Civil Court. No cost.

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05-03-2026

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

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1.The Additional Inspector General of Registration Office of Inspector General of Registration, Chennai - 600 028Chennai

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2.The District Registrar Registration Department, Velapadi, Vellore.

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3.The Sub Registrar Thirupathur District, Thirupathur.

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