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Madras High CourtWP/14950/2020allowed

K.Paneerselvam v. The Deputy Inspector General Of Registration

2025-09-10Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 14950 of 2020 & W.M.P.Nos.18587 and 18590 of 2020 K.Paneerselvam Petitioner(s) Vs

1. The Deputy Inspector General of Registration Department of Registration, Cuddalore Zone, Thirupathiripuliyur, Cuddalore607002 2.The District Registrar Department of Registration, Chidambaram, Cuddalore District Respondent(s) Prayer: Writ Petition is filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari calling for the records pertaining to the order of the 2nd respondent made in Vide No. 796/ A3/ 2019 dated 01.08.2019 under rule 16(3) of the Tamil Nadu Document Writers License Rules 1982 and the consequential order of the 1st respondent made in Proc. No.2611/E/ 2019 dated 23.09.2020 and quash the same.

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For Petitioner:

For Respondents:

Mr.G.Pugazhenthi Mr.Saikumar Govt. Advocate

ORDER

The present Writ Petition is filed to call for the records pertaining to the order of the 2nd respondent made in Vide No. 796/ A3/ 2019 dated 01.08.2019 under rule 16(3) of the Tamil Nadu Document Writers License Rules 1982 and the consequential order of the 1st respondent made in Proc. No.2611/E/ 2019 dated 23.09.2020 and quash the same.

2. The case of the petitioner is that the petitioner is the document writer and drafted the sale deeds registered vide Document Nos. 868 and 870 of 2018 dated 11.04.2018 on the file of SRO, Mannargudi. The said deeds relates to the conveyance of the lands emnated from unapproved lay out and the same is not entertainable for registration in terms of Section 22(A) of Registration Act and for drafting the above said sale deeds, the District Registrar issued a show cause notice and passed an order for cancellation of the document writer's license, challenging the same, the present writ petition is filed.

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3. The learned counsel for the petitioner would submit that the role of the document writer is, whatever the document placed before the vendor and the purchaser, he has to draft a sale deed and whether it is approved layout or unapproved layout is the domain of the sub-registrar and not by the document writers, however, citing the above said reason, cancelling the license of the document writer, is not sustainable one, thereby pleaded to pass appropriate orders.

4. Per contra, the learned counsel for the respondent would submit that as against the order passed by the District Registrar, there is an efficacious appellate remedy available to the petitioner before the appellate authority, Inspector General of Registration, without exhausting such remedy, the present petition is not sustainable, accordingly, prayed for appropriate orders.

5. Heard the learned counsel on either side and perused the documents placed on record.

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6. The facts and circumstances of the present case is not in dispute and allegation as against the petitioner for cancellation of license of document writer by the Tahsildar is solely on the ground that the petitioner has drafted the sale deeds from unapproved layout and this Court is unable to understand as to how the document writer would know that the land is a approved or unapproved layout , it is the domain of the sub-registrar to find out whether the lands mentioned in the document presented for registration is approved or not, it is not the domain of the document writer and for that reason, cancelling the entire license itself is not a sustainable one, hence the impugned order passed by the 2 nd respondent confirmed by the 1 st respondent is not sustainable one and the petitioner has suffered a lot without license for many years and the punishment imposed is too harsh.

7. Accordingly, the present writ petition is allowed and the order of the 2nd respondent made in Vide No. 796/ A3/ 2019 dated 01.08.2019 under rule 16(3) of the Tamil Nadu Document Writers License Rules 1982 and the consequential order of the 1st respondent made in Proc. No.2611/E/ 2019 4/7

dated 23.09.2020 are set aside. Consequently, connected miscellaneous petitions are closed. No costs.

10-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd 5/7

To 1.The Deputy Inspector General of Registration Department of Registration, Cuddalore Zone, Thirupathiripuliyur, Cuddalore607002 2.The District Registrar Department of Registration, Chidambaram, Cuddalore Dt 6/7

M.DHANDAPANI J.

ssd 10-09-2025 7/7