Santhamma v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25825 of 2024 Santhamma

...Petitioner

Vs.

1.The District Registrar Office of District Registrar Krishnagiri 635 001.

2.The Sub-Registrar Shoolagiri Taluk Krishnagiri District.

3.Ramasamy Reddy

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 24.06.2024 within a time stipulated by this Court.

1/5

For Petitioner : Mr.V.Achuthanandan For Respondents : Mr.M.Shahjahan for R1 & R2 Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to consider her representation dated 24.06.2024.

2. According to the petitioner, the property with an extent of 4 cents in S.No.159/5B1 situated at Kuruma Kuttai, Ensuonai Panchayat, Shoolagiri Taluk, Krishnagiri District, has been in her possession and enjoyment for the past 30 years. The third respondent herein executed a settlement deed in favour of her daughter namely Sujatha as if the above mentioned land is a vacant site. However, the petitioner had put up a superstructure and residing thereon. Therefore, the petitioner submitted a representation on 24.06.2024 before the respondents 1 & 2 seeking cancellation of the settlement deed executed by the third respondent and the same has not been considered. Hence, the petitioner is before this Court. 2/5

3. In view of the order passed by the Division Bench of this Court in M.Kathirvel Vs. The Inspector General of Registration in W.P.Nos.10291 of 2022 and batch, striking down Section 77 (A) of the Registration Act, which enabled the official respondents to cancel the registration Act, as on today, there is no provision in Registration Act for the official respondents to cancel the document, which were already registered.

4. In such circumstances, this Court is not inclined to issue a direction to the petitioner. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to work out her remedy before the Civil Court. No costs.

05.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 3/5

To 1.The District Registrar Office of District Registrar Krishnagiri 635 001.

2.The Sub-Registrar Shoolagiri Taluk Krishnagiri District.

4/5

S.SOUNTHAR , J.

dna W.P No.25825 of 2024 05.09.2024 5/5