F.Kumaran v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. F.Kumaran S/o.Francis, Residing At D. No.

61-2/ 4, 9G Racy Apartment, Margabandhu Street, Peramanur , Salem-636 007.

2.F.Mani, S/o.Francis Residing At D. No. 61-2/ 4, 9G Racy Apartment, Margabandhu Street, Peramanur , Salem-636 007.

3.F.Juliet Mary D/o.Francis, Residing At D. No.

61-2/ 4, 9G Racy Apartment, Margabandhu Street, Peramanur , Salem-636 007.

4.F.Chandrika D/o.Francis, Residing At D. No.

61-2/ 4, 9G Racy Apartment, Margabandhu Street, Peramanur , Salem-636 007.

5.F.Radhika D/o.Francis, Residing At D. No.

61-2/ 4, 9G Racy Apartment, Margabandhu Street, Peramanur , Salem-636 007.

6.F.Amertham D/o.Francis, Residing At D. No.

61-2/ 4, 9G Racy Apartment,

Margabandhu Street, Peramanur , Salem-636 007.

Petitioner(s) Vs

1. The Sub Registrar Ayothiyappatam, Salem.

2.The District Registrar Collector Office Complex, Salem.

3.The DIG Registration Collector Office Complex, Salem.

4.The I.G of Registration No.100. Santhome High Road, Mullima Nagar, Mandavelipakkam, Rajaannamalaipuram, Chennai028.

5.K.Mani S/o Kandhasamy, No.5, Opp To Ration Shop, Vellaiyampatti Village Salem Taluk, Salem.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for issuance of writ of mandamus to direct the respondents 1 to 4 to consider the representation of the petitioners dated 08.02.2025 and consequently direct the 1st respondent to cancel the sale deed registered in Doc. No. 2598/ 2024 dated 13.05.2024 on the file of Ayothiapattinam SRO.

For Petitioner(s):

R.Ganesan For Respondent:

Mr.P.Harish, Government Advocate for R1 to R4

ORDER

The relief as sought for in the writ petition is not sustainable since the petitioner is seeking for a direction to the Sub Registrar to cancel the sale deed on the ground that the sale deed is a fabricated document which was manufactured by impersonation and fraud.

2.

In the considered view of this Court, neither the District Registrar nor the Sub Registrar has any power to cancel the registered document since Section 77A of the Registration Act has been declared to be unconstitutional by the Division Bench of this Court in [M. Kathirvel Vs. The Inspector General of Registration Department of Registration and Others] 3.

Considering the materials placed before this Court and the seriousness of the allegation that has been made by the petitioner, it will be left open to the petitioner to file a fresh writ petition seeking for the cancellation of the document in exercise of jurisdiction of this Court under Article 226 of the Constitution of India. Except giving this liberty, no further orders can be passed in this writ petition.

4.

This writ petition is disposed of in the above terms. No costs.

20-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Sub Registrar Ayothiyappatam, Salem.

2.The District Registrar Collector Office Complex, Salem.

3.The DIG of Registration Collector Office Complex, Salem.

4.The Inspector General of Registration No.100. Santhome High Road, Mullima Nagar, Mandavelipakkam, Rajaannamalaipuram, Chennai028.

N.ANAND VENKATESH J.

rka 20-03-2025