Madras High CourtWP/7691/2026disposed of

S.Saravanan v. Sweeti Lalwani

2026-03-04Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 7691 of 2026 AND WMP NO. 8308 OF 2026

1. S.Saravanan

2. A. Sagaya prabhu

3. J. Jagadish

4. V. Krishna Kumar

5. Malathy

6. R.Kavitha Petitioner(s) Vs

1. Sweeti lalwani 2.M/s magunus Homes 3.M/s Shindu Kumari 4.The Inpsector General of Registration No 100, Santhome High Road, Chennai 5.The Sub Registrar REdhills Thiruvallur District 6.The Inspector of Police (Crime) M-4, Redhills Police station, Chenani 600 052 Respondent(s)

PRAYER Call for the records from the 5th respondent pertaining to the Rectification deed vide document No. 850/2019 dated 01.03.2019 on the file Sub Registrar, Redhills ie 5th Respondent herein and consequently cancel the same. For Petitioner(s):

Mr.T.S.N.Prabhakaran For Respondent(s):

Mr.P.Harish Govt Advocate For R4 & 5 Mr.V.Meganathan Govt Advocate(Crl.Side) For R6 Notice dispensed with for R1 to 3

ORDER

WMP. No.8308 of 2026 is ordered subject to the payment of separate court fee.

2.The petitioner seeks for cancellation of the rectification deed dated 01.03.2019 bearing Document No.850/2019 in this writ petition. 3.Mr.P.Harish, learned Government Advocate accepts notice on behalf of respondents 4 and 5. Mr.V.Meganathan, learned Government Advocate (Crl.Side) accepts notice on behalf of the sixth respondent. Since no adverse order is being passed against respondents 1 to 3, notice to respondents 1 to 3 is dispensed with by this Court.

4.The law is now well settled that in case a party seeks for cancellation of a registered document, the said party will have to approach only the Civil Court and not to file a writ petition under Article 226 of the Constitution of India. 5.Section 77-A of the Registration Act, which empowers the Registrar to cancel documents, has also been held to be unconstitutional by the Division Bench of this Court.

6.For the foregoing reasons, this writ petition is not maintainable since the petitioner seeks for cancellation of the rectification deed dated 01.03.2019 registered as Document No.850/2019.

7.Accordingly, this writ petition is disposed of by granting liberty to the petitioner to approach the Civil Court in respect of the relief sought for by the petitioner in this writ petition. No costs.

04-03-2026 vga

To 4.The Inpsector General of Registration No 100, Santhome High Road, Chennai 5.The Sub Registrar REdhills Thiruvallur District 6.The Inspector of Police (Crime) M-4, Redhills Police station, Chenani 600 052

ABDUL QUDDHOSE J.

vga AND WMP NO. 8308 OF 2026 04-03-2026