Vidhyavathi v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.9295 of 2025 Vidhyavathi W/o.Subramaniyan ... Petitioner Vs.

1.The Sub Registrar, O/o.The Sub Registrar, Attur, Salem - 636 102.

2.M.Sivanantha Selvam S/o.Maruthai Udayar 3.N.Ganesan S/o.Nallu Padayachi 4.P.Velmurugan S/o.Patchamuthu 5.K.Manikandan S/o.Kanganamuthu 6.Manjula Devi W/o.Sivanantha Selvam ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first 1/4

respondent to act upon the petitioner's representation dated 23.01.2025 and to consequently cancel the Sale Deed Document No.3739 of 2023 dated 22.05.2023, Settlement Deed Document No.7327 of 2023 dated 24.11.2023, Rectification Deed Document No.760 of 2024 dated 08.02.2024 and Gift Deed Document No.7631 of 2024, dated 09.12.2024 on the file of the first respondent herein.

For Petitioner : Mr.S.Shivaraj For Respondents : Mr.U.Baranidharan Special Government Pleader [R1] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to act upon the representation of the petitioner dated 23.01.2025 wherein the petitioner is seeking for cancellation of the sale deed dated 22.05.2023, settlement deed dated 24.11.2023, rectification deed dated 08.02.2024 and gift deed dated 09.12.2024.

2. This Court brought to the notice of the learned counsel for the petitioner that the first respondent, viz., the Sub Registrar is not vested with any power to cancel any document. This power was vested with the District Registrar under Section 77-A of the Registration Act 2/4

and this provision has been struck down by this Court in the decision in M.Kathirvel and others v. Inspector General of Registration [2024 (4) CTC 769].

3. Learned counsel for the petitioner sought for the permission of this Court to withdraw this writ petition and to work out his remedy by filing a proper petition before the appropriate forum in the manner known to law and has also made an endorsement to that effect. Recording the said endorsement, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

13.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Sub Registrar, O/o.The Sub Registrar, Attur, Salem - 636 102.

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N.ANAND VENKATESH, J gm 13.03.2025 4/4