P.R.Kumar v. Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2026 Coram THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.8802 & 8804 of 2026 1.P.R.Kumar S/o.P.C.Ramamoorthy 2.P.Lakshmi Kumar W/o.P.R.Kumar .. Petitioners Vs.

1. Inspector General of Registration, 100, Santhome High Road, Foreshore Estate, Santhome, Chennai - 600 028

2. The Sub-Registrar Kodambakkam, Office of the Sub-Registrar Kodambakkam, No.37/5, Near Vadapalani Signal, Alagiri Nagar 5th Street, 100 Feet Road, Kodambakkam, Chennai - 600 024.

3. P.R.Kesavan S/o.P.C.Ramamoorthy .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent in respect of the impugned Refusal Check 1/6

Slip bearing Refusal No.RFL/Kodambakkam/2026 dated 27.01.2026 in respect of refusal to register the cancellation of Power of Attorney deed dated 27.12.2025 presented for registration before the second respondent/Sub Registrar, Kodambakkam, on 27.01.2026 insofar as the petitioners are concerned in respect of the Power of Attorney deed dated 29.09.2016, registered as Document No.4014 of 2016 on the file of the second respondent and quash the same and consequently, direct the second respondent to register cancellation of Power of Attorney deed dated 27.12.2025.

For Petitioners :

Mr.A.Palaniappan For Respondents :

Mr.Jayachandran Government Advocate [R1 & R2] Notice dispensed with [R3] *****

ORDER

W.M.P.No.8802 of 2026 filed seeking permission to the petitioners to jointly file a single writ petition is ordered subject to payment of separate Court fee.

2. Since no adverse orders are passed against the third respondent, notice to third respondent is dispensed with by this Court. 2/6

3. This writ petition has been filed challenging the impugned refusal check slip dated 27.01.2026 issued by the second respondent refusing to register the cancellation of Power of Attorney deed dated 27.12.2025 presented by the petitioners for registration on the ground that the earlier Power of Attorney deed executed by the petitioner is an irrevocable Power of Attorney deed and therefore, the said Power of Attorney deed cannot be cancelled.

4. The petitioners have challenged the impugned refusal check slip on the ground that by total non-application of mind to the fact that the second respondent cannot give his opinion on the merits of any document earlier executed by the petitioners and the said power is only vested with the civil Courts, the second respondent, by relying upon the conditions contained in the earlier Power of Attorney deed executed by the petitioners, has arbitrarily and illegally refused to register the cancellation of Power of Attorney deed dated 27.12.2025 presented by the petitioners through the impugned refusal check slip dated 27.01.2026.

5. Learned counsel for petitioners drew the attention of this Court to 3/6

the earlier Power of Attorney deed executed by the petitioners and the cancellation of Power of Attorney deed dated 27.12.2025, which has been refused to be registered under the impugned refusal check slip dated 27.01.2026 and would submit that arbitrarily, by total non-application of mind, the second respondent has refused to register the cancellation of Power of Attorney deed dated 27.12.2025 by relying upon the clause in the earlier Power of Attorney deed executed by the petitioners, which stipulates that the Power of Attorney deed is irrevocable.

6. The registering officer cannot interpret a clause in a document in a particular way and such right is vested only with the civil Courts. In the case on hand, eight principals had executed the earlier Power of Attorney dated 29.09.2016 and out of the eight principals, now two principals viz., the petitioners herein had submitted the cancellation of Power of Attorney deed dated 27.12.2025 seeking to cancel the earlier Power of Attorney deed insofar as their interest alone is concerned. However, arbitrarily, in total nonapplication of mind to the settled legal position that the registering officer does not have any power to interpret any of the clauses in the Power of Attorney deed and his role is limited only to registration of document if the 4/6

same is otherwise in order with regard to payment of stamp duty and registration fees, the second respondent, in the impugned order, has refused to register the cancellation of Power of Attorney deed dated 27.12.2025 on the ground that in the earlier Power of Attorney deed executed by the petitioners and others, there is a clause, which stipulates that the said Power of Attorney is irrevocable. The petitioners also categorically contend before this Court that the earlier Power of Attorney deed was also not supported by any consideration and therefore, it is revocable and it is also settled legal position that a Power of Attorney, not supported by any consideration, can be cancelled.

7. For the foregoing reasons, this Court is of the considered view that the second respondent, by total non-application of mind to the settled legal position, as stated supra, has erroneously refused to register the cancellation of Power of Attorney deed dated 27.12.2025 presented by the petitioners for registration. Therefore, the impugned refusal check slip dated 27.01.2026 issued by second respondent has to be quashed and the writ petition has to be allowed.

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ABDUL QUDDHOSE, J gm

8. Accordingly, the impugned refusal check slip dated 27.01.2026 issued by the second respondent is hereby quashed and the writ petition is allowed by directing the second respondent to register the cancellation of Power of Attorney deed dated 27.12.2025 presented by the petitioners for registration within a period of two (2) weeks from the date of receipt of a copy of this order, if the same is otherwise in order. However, it is made clear that the cancellation deed pertains to the petitioners' interest alone insofar as the earlier Power of Attorney deed dated 29.09.2016 is concerned. No costs. Consequently, connected miscellaneous petition is closed. 09.03.2026 Index: Yes/No NCC: Yes/No Speaking Order/Non-speaking Order gm To

1. The Inspector General of Registration, 100, Santhome High Road, Foreshore Estate, Santhome, Chennai - 600 028.

2. The Sub-Registrar Kodambakkam, Office of the Sub-Registrar Kodambakkam, No.37/5, Near Vadapalani Signal, Alagiri Nagar 5th Street, 100 Feet Road, Kodambakkam, Chennai - 600 024. Writ Petition No.8128 of 2026 6/6