Zaheer Hussain v. The Additional Registrar General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Zaheer Hussain S/o Abdul Rahman No.6 Kulathu Pathai Street Sangarapuram Kallakurichi District Petitioner(s) Vs

1. The Additional Registrar General Cuddalore District 2.The District Registrar Kallakurichi District Registered Office Kallakurichi District 3.The Sub Registrar Vadaponparappi Sub Registrar Office Kallakurichi District 4.DOSSKHAN S/o Kasimkhan No.1/155 Pallivasal Street Vadakeeranoor Village Sankarapuram Taluk Kallakurichi District

5.RAHMAN S/o Zaheer Hussian Kulathupathai Street Sangarapuram Town Kallakurichi District 6.NOORULLA S/o Syed Rasool No.128/16 Dharga Santhu Gopall Street Tiruvannamalai District Respondent(s) PRAYER Writ petition has been filed under Article 226 of Constitution of India for issuance of writ of Mandamus directing the respondents 1 to 3 to cancel the General Power in vide document No.1848 /2023 dated 19.06.2023 of the file of 3rd respondent and pursuant the petitioner representation dated 16.12.2024. For Petitioner(s):

T.Balachandran For Respondents:

U.Baranidharan Special Government Pleader R1 to R3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents 1 to 3 to act upon the representation made by the petitioner on 16.12.2024 wherein the petitioner is seeking for cancellation of the general power of attorney document dated 19.06.2023 executed by the 4 th respondent in favour of the 6 th respondent.

2.

Heard Mr.T.Balachandran, learned counsel for the petitioner and Mr.U.Baranidharan, learned Special government Pleader for respondents 1 to 3. 3.

The petitioner is an agreement holder based on the sale agreement dated 09.10.2012. The grievance of the petitioner is that the 4 th respondent without executing the sale deed in his favour has executed a power of attorney in favour of the 6 th respondent and this power of attorney document dated 16.03.2023 came to be registered before the 3 rd respondent as document No.1848 of 2023.The petitioner made a representation seeking for the cancellation of this document. Since the same was not considered, the present writ petition has been filed before this Court. 4.

In the considered view of this Court, the petitioner is an agreement holder and hence, the petitioner should necessarily work out his remedy by filing a suit for specific performance. Admittedly, the 4 th respondent is the owner of the property and nothing will stand in the way of the owner of the property from dealing with the property. Therefore, in the absence of any restraint order passed by a competent Court, the 4 th respondent cannot be prevented from executing any document in favour of any third party since he is the owner of the property. Apart from that, the registering authority do not have the power to cancel any document since Section 77A of the Registration Act has been held to be unconstitutional by the Division Bench of this Court in M. Kathirvel Vs. The Inspector General of Registration Department of

Registration and Others] reported in 2024 4 CTC 769. 5.

In the light of the above discussion, the relief as sought for by the petitioner cannot be granted. It is left open to the petitioner to work out his remedy in the manner known to law before the competent Civil Court. 6.

This writ petition is disposed of in the above terms. No costs. 05-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Additional Registrar General Cuddalore District 2.The District Registrar Kallakurichi District Registered Office Kallakurichi District 3.The Sub Registrar Vadaponparappi Sub Registrar Office Kallakurichi District

N.ANAND VENKATESH J.

rka 05-03-2025