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Madras High CourtWP/4705/2025disposed of

M.Prashanth v. The District Registrar

2025-02-17Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4705 of 2025 M.Prashanth ... Petitioner Vs.

The District Registrar, Department of Registration, Krishnagiri.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representations dated 07.10.2024 and 11.01.2025 and cancel sale deed executed by Mr.Sonnappa bearing document No.3163/1960 dated 22.06.1960 Sub Registrar Hosur within the time stipulated.

For Petitioner : Ms.G.Devi For Respondents : Mr.P.Harish Government Advocate

O R D E R

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This writ petition has been filed for issue of writ of mandamus directing the respondent to consider the representation made by the petitioner on 07.10.2024, wherein, the petitioner is seeking for cancellation of the Sale Deed executed in the year 1960, within the time frame fixed by this Court. 2.Heard Ms.G.Devi, learned counsel appearing on behalf of the petitioners and Mr.P.Harish, learned Government Advocate appearing on behalf of the respondent.

3.In the considered view of this Court, the power that was available to the respondent to cancel the document under Section 77A of the Registration Act has already been held to be unconstitutional by this Court in the judgement in M.Kathirvel vs. The Inspector General of Registration, Department of Registration and others reported in 2024 4 CTC 769. In view of the same, there is no scope for giving a direction to the respondent to deal with the representation. If the petitioner has any grievance regarding the Sale Deed, the petitioner has to necessarily workout his remedy before the competent Civil Court in the manner known to law.

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4.This writ petition is disposed of in the above terms. No Costs. 17.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To The District Registrar, Department of Registration, Krishnagiri.

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N. ANAND VENKATESH, J.

ssr W.P.No.4705 of 2025 17.02.2025 4/4