Disposed¶35

A.Munisekar Reddy v. the District Registrar

Madras HC2 Mar 2026WP/6384/2026

Case brief

AI extract

What is this about?

Madras High Court writ petition disposed with liberty; Section 82 Registration Act 1908 prosecution direction refused; Section 77-A Registration Act held unconstitutional by Division Bench of Madras High Court; cancellation of registered documents not available under Article 226 writ jurisdiction; remedy only before Civil Court; District Registrar Thiruvallur; Sub Registrar Uthukottai; Thasildar Uthukottai Taluk; representation dated 11.08.2025; endorsement by counsel for liberty; no costs; WMP No. 6910 of 2026 closed; Abdul Quddhose J.; decision date 02-03-2026.

What did the court decide?

Liberty granted to the petitioner to approach the Civil Court for cancellation of the registered documents morefully disclosed in the affidavit filed in support of the writ petition; no costs; connected miscellaneous petition (WMP No. 6910 of 2026) closed.

A.Munisekar Reddy Vs the District Registrar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

¶35

Issue for consideration

Whether respondents 1 and 2 (District Registrar and Sub Registrar) should be directed to initiate prosecution under Section 82 of the Registration Act, 1908 against respondents 4 to 6 on the petitioner's representation dated 11.08.2025. +1 more

¶27

Court's answer

Following the endorsement made by learned counsel for the petitioner in the Court bundle seeking liberty to approach the Civil Court, the writ petition is disposed of by granting liberty to the petitioner to approach the Civil Court for cancellation of the registered documents disclosed in the affidavit filed in support of the writ petition; no costs; connected miscellaneous petition closed.

¶35

Ratio / Principle

Cancellation of registered documents cannot be granted by this Court in exercise of its powers under Article 226 of the Constitution of India, because Section 77-A of the Registration Act, which enabled the Registration Department to cancel documents, has been held to be unconstitutional by the Division Bench of this Court; the petitioner's grievance can only be remedied by a Civil Court.

¶33

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Abdul Quddhose, J.) — WP No. 6384 of 2026 and WMP No. 6910 of 2026 — 02-03-2026. Registration Act, 1908 — Sections 82 and 77-A — Prosecution for registration of documents — Cancellation of registered documents — Maintainability of writ under Article 226 of the Constitution of India. The petitioner sought a direction to respondents 1 and 2 (the District Registrar, Thiruvallur district, and the Sub Registrar, Uthukottai) to initiate prosecution under Section 82 of the Registration Act, 1908 against respondents 4 to 6 on his representation dated 11.08.2025, the ultimate relief being cancellation of certain registered documents. Held: since the ultimate relief sought was cancellation of registered documents, it could not be granted by the writ Court, Section 77-A of the Registration Act, which enabled the Registration Department to cancel documents, having been held unconstitutional by the Division Bench of this Court; the petitioner's grievance could only be remedied by a Civil Court and not under Article 226. Learned counsel for the petitioner made an endorsement in the Court bundle seeking liberty to approach the Civil Court. Writ petition disposed of by granting such liberty; no costs; connected miscellaneous petition closed.

¶1

WP No. 6384 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 02-03-2026

¶4

CORAM

¶5

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

¶6

WP No. 6384 of 2026 AND WMP NO. 6910 OF 2026

¶7

A.Munisekar Reddy

¶8

S/o. A.Munaswamy Reddy, No. 37 Nagalapuram road, uthukottai Village, Thiruvalluvar district, Thiruvallur 602

001

Petitioner(s)

The District Registrar Office of the District Registrar, Thiruvallur district, Thiruvallur 602 001

¶13

2.The Sub Registrar uthukottai , uthukottai taluk, Thiruvallur district, Thiruvallur 602 026

¶14

3.The Thasildar uthukottai taluk, uthukottai , Thiruvallur district, Thiruvallur 602 026

¶15

4.Ethiraj

¶16

S/o. Byri Reddy, No. 59 Reddy Street, Uthukottai Village, Thiruvalluvar 602 001

¶17

5.U.V.Jayashankar S/o. Venkat Reddy, No.3, Reddy Street, Uthukottai Village, Thiruvalluvar 602 001

¶18

6.J.Rubini W/o. Santhakumar, D/o. J.Jayakumar,

¶19

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

¶20

WP No. 6384 of 2026

¶21

No.48A Nehru Street, Uthukottai Town and Taluk, Thiruvalluvar district 602 026

¶22

Respondent(s)

¶23

PRAYER

¶24

Directing the 1st and 2nd respondents to consider the representation made by petitioner dated 11.08.2025 and initiate prosecution against respondent 4, 5, 6 as contemplated u/s. 82 of the Registration Act 1908

¶25

For Petitioner(s): M.Venkadeshan For Respondent: Mr. U. Baranidharan, Special Government Pleader

¶26

ORDER

¶27

This writ petition has been filed to direct the respondents 1 and 2 to initiate prosecution as per the provisions of Section 82 of the Registration Act, 1908 against the respondents 4 to 6 based on the petitioner’s representation dated 11.08.2025.

¶28

As seen from the representation of the petitioner, the petitioner is aggrieved by the registration of certain documents and seeks for cancellation of the same by directing the respondents 1 and 2 to launch prosecution against the respondents 4 to 6 as contemplated under Section 82 of the Registration Act.

¶29

Since the ultimate relief that the petitioner is seeking before this Court through this writ petition filed under Article 226 of the Constitution of India is

¶30

for cancellation of registered documents, the relief sought for by the petitioner

¶31

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

¶32

WP No. 6384 of 2026

¶33

cannot be granted by this Court in view of the fact that Section 77-A of the Registration Act, which enables the Registration Department to cancel the documents, has been held to be unconstitutional by the Division Bench of this Court. If at all the petitioner's grievance can only be remedied only by a Civil Court and not by this Court, exercising its powers under Article 226 of the Constitution of India.

¶34

The learned counsel for the petitioner has also now made an endorsement in the Court bundle, seeking liberty for the petitioner to approach the Civil Court for redressal of the petitioner’s grievance for cancellation of the registered documents, which are disclosed in the affidavit filed in support of this writ petition.

¶35

Accordingly, this writ petition is disposed of by granting liberty to the petitioner to approach the Civil Court for cancellation of the registered documents morefully disclosed in the affidavit filed in support of this writ petition. No Costs. Consequently, connected miscellaneous petition is closed.

¶36

02-03-2026

¶37

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

¶38

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

¶39

WP No. 6384 of 2026

¶40

WP No. 6384 of 2026

¶41

¶42