Disposed¶27

D.Soosairaj v. the District Registrar

Madras HC6 Jan 2026WP/48287/2025

Case brief

AI extract

What is this about?

Madras High Court; WP No. 48287 of 2025; Senthilkumar Ramamoorthy J.; cancellation of registered documents by registering authorities; Section 77A Registration Act 1908 held unconstitutional; no power of cancellation with Sub-Registrar/District Registrar; writ of mandamus refused; petitioner directed to civil court; fraudulent gift settlement deed 02.12.2024 Doc No.1/5841/2024; sale deed 12.02.2025 Doc No.580/2025; Perambalur; disposed without costs.

What did the court decide?

No substantive relief; the petition is disposed of without costs, leaving the petitioner free to approach the jurisdictional civil court for cancellation of the conveyances. ¶27

D.Soosairaj Vs the District Registrar — Writ and Judicial Review | Madras HC (2026)

¶1

WP No. 48287 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 06-01-2026

¶4

CORAM

¶5

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

¶6

WP No. 48287 of 2025

¶7

D.Soosairaj, S/o.Late.Devasakayam, Cylon Colony B, Keelapuliyur Post, Kunnam Taluk, Permabalur District.

¶8

..Petitioner

¶9

¶10

The District Registrar, Office of the District Registrar, Perambalur District.

¶11

The Sub-Registrar, Office of the Sub-Registrar, Kunnam Taluk, Perambalur District.

¶12

..Respondents

¶13

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to direct the 2nd respondent to cancel the fraudulent gift settlement deed in document No.1/5841/2024 dated 02.12.2024 and sale deed document No.580/2025 dated 12.02.2025 by considering the petitioner’s representation dated 22.08.2025 within the period as stipulated by this Honourable Court.

¶14

Page 1 of 4

¶15

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

¶16

WP No. 48287 of 2025

¶17

For Petitioner: Mr. S.Atham Ali For Respondents: Mr.U.Baranidharan Spl.G.P.

¶18

ORDER

¶19

According to the petitioner, his elder brother, D.Francis, fraudulently executed gift settlement deed dated 02.12.2024 in favour of one Stella. Thereafter, the said Stella executed sale deed dated 12.02.2025 bearing document no.580/2025 in favour of third parties. After submitting representation dated 22.08.2025 seeking cancellation of the above mentioned documents, the present writ petition has been filed.

¶20

Mr.U.Baranidharan, learned Special Government Pleader, accepts

¶21

notice for both the respondents. He submits that the registering officer does not have the power of cancellation.

¶22

As submitted by learned Special Government Pleader, after Section

¶23

77A of the Registration Act, 1908 was held to be unconstitutional, the registering officer does not have the power of cancellation. Therefore, the request for mandamus cannot be countenanced. By leaving it open to the petitioner to approach the jurisdictional civil court for cancellation of the

¶24

Page 2 of 4

¶25

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

¶26

WP No. 48287 of 2025

¶27

conveyances referred to in this writ petition, the writ petition is disposed of without any order as to costs.

¶28

06-01-2026

¶29

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