N.Gopalakrishnan, v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY N.Gopalakrishnan ..Petitioner(s) Vs

1. The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Foreshore Estate, Chennai 600 028.

2. The District Registrar, O/o.The District Registrar, No.182, Bharathi Salai, Pycrofts Road, Royapettah, Chennai 600 121.

3. The Sub Registrar, O/o.The Sub Registrar, Kodambakkam, Chennai 600 024.

4. A.Thanappan

5. M.Thavamani,

6. T.Sooriya Prakash ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 2 to consider the Representation dated 28/03/2026 by way of conducting enquiry with and the Respondents 4 to 6 and cancel the fraudulent Sale Agreement vide Document No.4376/2025 dated 08/10/2025 on the file of the Sub - Registrar of Kodambakkam, Chennai 600024, the 3rd Respondent herein on the basis of the petitioner's Representation by the registered post dated 28/03/2026.

For Petitioner(s):

Dalit Tiger C.Ponnusamy For Respondent(s):

Mr.Roshan Atiq.M, Government's Counsel for R1 to 3

ORDER

This writ petition is filed to direct the respondents to consider the petitioners' representation dated 28.03.2026.

2. Learned counsel for the petitioner would submit that the petitioner has made a representation dated 28.03.2026 before the respondents 1 to 3 to cancel cancel the fraudulent Sale Agreement vide Document No.4376/2025 dated 08/10/2025 on the file of the third respondent. However, till date, the said representation was not considered. Hence, this writ petition.

3. Mr.M.Roshan Atiq, learned Government's Counsel accepts notice on behalf of respondents 1 to 3 and submitted that the official respondents have no power to cancel the sale agreement, as the Hon'ble Division Bench of this Court in the case of M.Kathirvel Vs., Inspector General of Registration, Department of Registration and Others, reported in 2024 SCC Online Mad 6154 has struck down Sections 77A and 68(2) of the Registration Act. Hence, the right course available to the petitioner is to file a civil suit before the appropriate forum.

4. Heard the learned counsel on either side and perused the materials available on record.

5. As rightly contended by the learned Government's counsel, the appropriate recourse available to the petitioner is to approach the Civil Court, as the official respondents lack the authority to cancel a fraudulent sale deed. In the event that the petitioner establishes that a fraud has been committed, he may also approach the concerned jurisdictional police.

6. In such view of the matter, this writ petition is dismissed with liberty to file a civil suit before the Civil Court in the manner known to law. No costs. 09-06-2026 Index: Yes/No Speaking/Non-speaking order VM

KRISHNAN RAMASAMY, J.

VM To:

1. The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Foreshore Estate, Chennai 600 028.

2. The District Registrar, O/o.The District Registrar, No.182, Bharathi Salai, Pycrofts Road, Royapettah, Chennai 600 121.

3. The Sub Registrar, O/o.The Sub Registrar, Kodambakkam, Chennai 600 024.

09-06-2026