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Madras High CourtWP/9881/2021dismissed

B.Komalavalli v. The Inspector General Of Registration

2024-04-16Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.9881 of 2021 B.Komalavalli ... Petitioner

Versus

1. The Inspector General of Registration, No.100, Santhome High Road, Mulliamma Nagar, Mandavelipakkam Raja Annamalaipuram, Chennai - 600 028

2. The District Registrar, Chennai North No.37, Wall Tax Road Peddanaikenpet, George Town, Chennai - 600 001 3.G.Kasthuri 4.G.Shanmugam .. Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to cancel the settlement deed vide Doc.No.2782 of 2020 dated 10.07.2020 executed by the 3rd respondent in favour of the 4th respondent and to consider the petitioner's representation dated 28.12.2020. For Petitioner : Mr.B.Rama For Respondents : Mr.B.Vijay for R1 & R2 Additional Government Pleader Mr.K.Mohanamurali for R3 & R4 1/4

ORDER

By consent of both parties, this writ petition is taken up for disposal.

2. This writ petition has been filed seeking for a direction to cancel the settlement deed vide Doc.No.2782 of 2020 dated 10.07.2020 executed by the 3rd respondent in favour of the 4th respondent by considering the petitioner's representation dated 28.12.2020.

3. Heard both sides and perused the materials placed on record.

4. If at all such settlement deed has to be avoided, the same can be avoided only in the civil court, when there is no power to the registering authorities to cancel such documents. The registering authorities have power only to cancel the documents registered contrary to Sections 22-A or 22-B of the Registration Act, other than that, no documents can be cancelled.

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5. Accordingly, I do not find any merits in the case and this Writ Petition is dismissed.

16.04.2024 Index:Yes/No dhk To,

1. The Inspector General of Registration, No.100, Santhome High Road, Mulliamma Nagar, Mandavelipakkam Raja Annamalaipuram, Chennai - 600 028

2. The District Registrar, Chennai North No.37, Wall Tax Road Peddanaikenpet, George Town, Chennai - 600 001 3/4

N.SATHISH KUMAR, J.

dhk WP.No.9881 of 2021 16.04.2024 4/4