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Madras High CourtWP/14914/2025disposed of

V.Santhanam v. The District Registrar

2025-04-25Honourable Mr Justice N. Anand Venkatesh5 pages

1/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH V.Santhanam Petitioner(s) Vs

1. The District Registrar Kanchipuram District, Kanchipuram.

2.The Joint Sub Registrar-IV Sub Registrar Office, Kanchipuram 3.B.Mahendra Kalathi 4.B.Kumara Kalathi Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 24.03.2025 and to cancel the settlement deed dated 29.08.2024 vide Document No.4323/2024 on the file of the second respondent which is executed by the third respondent to and in favour of fourth respondent by illegally and fraudulently.

2/5 For Petitioner(s):

Mr.A.Sathiya Prakash For Respondent(s):

Mr.Baranidharan Special Government Pleader for R1 and R2

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1 st respondent to act upon the representation made by the petitioner on 24.03.2025. wherein, the petitioner is seeking for cancellation of Settlement Deed dated 29.08.2024 registered as Document No.4323 of 2024. 2.Heard Mr.A.Sathiya Prakash, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the respondents 1 and 2. 3.In the considered view of this Court, the 1 st respondent is not vested with the power or jurisdiction to cancel a registered document. Since Section 77A of the Registration Act has already been held to be unconstitutional by the Division Bench of this Court in M.Kathirvel vs. The Inspector General of

3/5 Registration, Department of Registration and others reported in 2024 4 CTC

769. It is also seen from records that there are pending suit before the Civil Court. Hence, it is left open to the petitioner to agitate the dispute before the competent Civil Court in accordance with law. 4.This writ petition is disposed of in the above terms. No Costs. 25-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/5 To 1.The District Registrar Kanchipuram District, Kanchipuram 2.The Joint Sub Registrar-IV Sub Registrar Office, Kanchipuram

5/5 N.ANAND VENKATESH J.

ssr 25-04-2025