C.Neela v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH C.Neela W/o.Natarajan ... Petitioner Vs.

1. The Inspector General Of Registration No.120, Santhome High Road, Bharathi Nagar, Raja Annamalaipuram, Chennai-600 028.

2.The District Registrar Thiruvallur District, Thiruvallur.

3.M.Girija W/o.A.Munirathinam Naidu 4.R.Vanitha D/o.A.Munirathinam Naidu 5.Y.Sunitha D/o.A.Munirathinam Naidu 6.V.Anitha D/o.A.Munirathinam Naidu ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus to direct the first respondent to conduct enquiry by calling both the petitioner and the 1/4

respondents 3 to 6 and cancel the fraudulent document bearing document No.2157 of 2021 dated 06.05.2021 at SRO, Thiruvallur based on the petitioners representation dated 06.05.2024 in a time bound manner. For Petitioner : Mr.R.Karunagaran For Respondents : Mr.P.Harish Government Advocate [R1 & R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to conduct enquiry based on the representation made by the petitioner on 06.05.2024 wherein the petitioner is seeking for cancellation of a fraudulent document registered as document No.2157 of 2021 dated 06.05.2021 that was created by the respondents 3 to 6.

2. Heard Mr.R.Karunagaran, learned counsel for petitioner and Mr.P.Harish, learned Government Advocate appearing for respondents 1 and 2.

3. In the considered view of this Court, the power to cancel a registered document was available under Section 77-A of the Registration Act. This provision was held to be unconstitutional by the Division Bench 2/4

of this Court in the decision in M.Kathirvel and others v. Inspector General of Registration [2024 (4) CTC 769]. In view of the same, no directions can be issued either to the first respondent or to the second respondent to cancel a document. It is left open to the petitioner to work out her remedy before the competent civil Court in the manner known to law. Except giving this clarity, no further orders can be passed in this writ petition.

This writ petition is disposed of in the above terms. No costs. 18.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Inspector General Of Registration No.120, Santhome High Road, Bharathi Nagar, Raja Annamalaipuram, Chennai-600 028.

2.The District Registrar Thiruvallur District, Thiruvallur.

N.ANAND VENKATESH, J gm 3/4

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