Monica Sri v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and MP.No.1 of 2011 Monica Sri ... Petitioner .Vs.

1.The State of Tamil Nadu Secretary to the Government Department of Registration Secretariat, Chennai 600 009.

2.The Inspector General of Registration Department of Registration Santhome High Road Chennai 600 028.

3.The District Registrar Nellukara Street Peria Kancheepuram-631 501.

4.The Sub-Registrar Thiruvallur Sub-Registration District Thiruvallur.

5.N.Sivaraman ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 4th respondent herein pertaining to the order of registering the Cancellation deed dated 06.12.2010 as Doc.No.12578 of 2010 and quash the same and consequently direct the 4th respondent herein to remove the cancellation entry from encumbrance.

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For Petitioner : Mr.T.Kabilan For Respondents : Mr.Tippusulthan Government Advocate for R1 to R4 Mr.D.Ashok Kumar for R5

ORDER

This writ petition has been filed to declare the deed of cancellation dated 06.12.2010 and to remove the same, registered on the file of the 4th respondent. 2.Heard MrMr.T.Kabilan, learned counsel for the petitioner, Mr.Tippusulthan, learned Government Advocate for R1 to R4 and Mr.D.Ashok Kumar, learned counsel for R5.

3.The issue involved in the present writ petition is squarely covered by the judgment of the Hon'ble Supreme Court in Asset Reconstruction Company (India) Limited .Vs. S.P.Velayutham and Others reported in 2022 3 MLJ 747 and the judgment of the learned Single Judge in D.Sachidhanandam .Vs. The Registrar/Inspector General of Registration and others reported in 2022 1 Writ LW 501, wherein, it has been categorically held that a writ petition is not maintainable for declaring a document as null and void and it falls exclusively within the jurisdiction of Civil Court. The relief sought for in this writ petition is to declare the impugned document as null and void and such a prayer cannot be entertained in this writ petition. 2/4

4.It is left open to the petitioner to challenge the impugned document before the Competent Civil Court and workout her remedy in the manner known to law. Except giving this liberty, no further orders can be passed in this writ petition. 5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

12.07.2022 KP Internet: Yes Index: Yes/No To 1.Secretary to the Government The State of Tamil Nadu Department of Registration Secretariat Chennai 600 009.

2.The Inspector General of Registration Department of Registration Santhome High Road Chennai 600 028.

3.The District Registrar Nellukara Street Peria Kancheepuram-631 501.

4.The Sub-Registrar Thiruvallur Sub-Registration District Thiruvallur.

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N.ANAND VENKATESH. J., KP 12.07.2022 4/4