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Madras High CourtWP/21184/2023disposed of

S.Thangamani v. The Inspector General Of Registration

2026-03-30Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 21184 of 2023 and WMP.No.20592 of 2023 S.Thangamani S/o.Sennimalai Gounder, No.1/278, Pallakaatu Thottam, K.S.N. Puram Post, Palladam-641 662, Tiruppur District.

..Petitioner Vs

1. The Inspector General Of Registration Registration Department, Chennai-28.

2. The District Registrar (administration) O/o.The District Registrar, Tiruppur-641 602.

3. The Sub Registrar, O/o.The Sub Registrar, Palladam, Tiruppur District.

4. S.Saminathan S/o.Sennimalai Counder, Old No.1/227, New No.1/276, Pallakaadu Thottam, K.Iyyampalayam Village, Palladam Taluk, Tiruppur District.

5. Sulochana W/o.Saminathan, Old No.1/227, New No.1/276, Pallakaadu Thottam, K.Iyyampalayam Village, Palladam Taluk, Tiruppur District.

6. R.Subramaniam

S/o.Ramasamy, No.1/228, Lakshmi Thottam, Anuppapatti Village, Palladam Taluk, Tiruppur District.

..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus directing the 3rd respondent to cancel the Deed of Cancellation of Power of Attorney executed by the 4th respondent vide Doc. No.2324/2021 dated 08.02.2021 and subsequent Deed of rectification dated 13.05.2023 in Doc. No.8852/2023 on the record of the 3rd respondent and further directing the respondents 1 and 2 to take appropriate legal actions against the 3rd respondent.

For Petitioner:

Mr S.Sithirai Anandam For Respondents:

Ms.K.Aswini Devi (R1 to R3) Additional Government Pleader Mr.E.K.Kumaresan (R4 to R6)

ORDER

This Writ Petition has been filed seeking a direction to the 3rd respondent to cancel the Deed of Cancellation of Power of Attorney executed by the 4th respondent vide Doc. No.2324/2021 dated 08.02.2021 and subsequent Deed of rectification dated 13.05.2023 in Doc. No.8852/2023 on the record of the 3rd respondent and further direct the respondents 1 and 2 to take appropriate legal actions against the 3rd respondent.

2. The learned counsel appearing for the petitioner would submit that the petitioner along with the 4th respondent, his brother Palanisamy and two others

jointly executed a Power of Attorney Deed in favour of one Jomi D.Joseph vide Doc.No.622/2011 dated 23.04.2008 in respect of the subject lands,belonging to the petitioner. While so, the 4th respondent unilaterally cancelled the said Power of Attorney Document vide Doc.No.2324 of 2021 dated 08.02.2021 stating that the petitioner had died and he is willing to administer the property, without even informing the Power Holder.

2.1.Further he would submit that the 3rd respondent with collusion with the 4th respondent has registered the said Cancellation of Power of Attorney document, without verifying the relevant documents. In this regard, the petitioner made a representation to the respondents 1 and 2 on 15.05.2023, to take necessary action against the respondents 3 to 6. But no action has been taken on the same till date. Hence, the petitioner has filed this Writ Petition seeking for the aforesaid relief.

3.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that since the Sub Registrar/3rd respondent has no authority to cancel the Deed of Cancellation of Power of Attorney, the respondents 1 and 2 will pass orders on the representation of the petitioner only on the aspect of collusion of the 3rd respondent with the respondents 4 to 6, while registering the cancellation of Power of Attorney document, as alleged by the petitioner and pass appropriate orders, after conducting due enquiry.

4. Heard both sides. Perused the records.

5. In the case on hand, the petitioner alleges that the 3rd respondent in collusion with the respondents 4 to 6 had registered the Cancellation of Power of Attorney, which was fraudulently executed by the 4th respondent and the same has to be cancelled. As rightly contended by the learned Additional Government Pleader appearing for the respondents 1 to 3, 3rd respondent has no authority to cancel the Cancellation of Power of Attorney Document which was already registered, the respondents 1 and 2 are directed to conduct enquiry on the aspect of collusion of the 3rd respondent with the respondents 4 to 6, at the time of registration of cancellation of Power of Attorney deed and pass necessary orders on the representation of the petitioner dated 15.05.

2023, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. In the event, the respondents 1 and 2, found that the 3rd respondent has colluded with the respondents 4 to 6, as alleged by the petitioner, they shall take action against the 3rd respondent, in the manner known to law. As far as cancellation of the Deed of Cancellation of the Power of Attorney is concerned, the petitioner is at liberty to approach the civil Court.

Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

30-03-2026 Index: Yes/No Speaking/Non-speaking order arr To

1. The Inspector General Of Registration Registration Department, Chennai-28.

2. The District Registrar (administration) O/o.The District Registrar, Tiruppur-641 602.

3. The Sub Registrar, O/o.The Sub Registrar, Palladam, Tiruppur District.

KRISHNAN RAMASAMY, J.

arr 30-03-2026