N.Chitradevi v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 26.09.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.33640 of 2016 N.Chitradevi ..Petitioner Vs

1. The Sub Registrar Kinathukadavu Sub Registrar Office Kinathukadavu 2.Mr.Chinnasamy ..Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondent to cancel the fake sale deed registered in Documet No.6261/2011 dated 15.06.20111 in respect of the petitioner's properties on considering the petitioner's representation dated 15.07.2016. For Petitioner : Mr.R.Shanmugam For Respondent : Mr.P.Chinnadurai, Govt.Advocate for R1

O R D E R

Heard the learned counsel for petitioner and the learned Government Advocate for the first respondent.

2. The case of the petitioner is that a fraudulent sale transaction has been created by the 2nd respondent in document No.6261/2011 dated 15.06.2011. To cancel the said document the petitioner has submitted a representation to the 1st respondent who is the Sub Registrar of Kinathukadavu.

3. It is a settled legal position that the Sub Registrar cannot cancel the said document. However, the Inspector General of Registration has issued a circular bearing Circular No.67, which empowers a District Registrar of the concerned area to enquire into such claims. Therefore, the petitioner has to approach the District Registrar of the concerned area if he has got any grievance against the 2nd respondent in relation to the document in question.

https://hcservices.ecourts.gov.in/hcservices/

With the above observation, writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To The Sub Registrar Kinathukadavu Sub Registrar Office Kinathukadavu.

+ 1 cc to Mr.R. Shanmugam, Advocate Sr.54911 W.P.No.33640 of 2016 SV(CO) Eu 24.10.16 https://hcservices.ecourts.gov.in/hcservices/