C.Sanjeevi Raman v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH C.Sanjeevi Raman S/o.C.Padmanabhan ... Petitioner Vs.

1.The Sub Registrar, Office of Sub-Registrar, Guduvancherry, Chengalpet District - 603 202.

2.The District Collector, District Collector Office, Chengalpet - 603 111.

3.P.Sanjeevi Raman 4.S.Blesson 5.C.Sukuma 6.P.Arulanbu ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the representation dated 03.10.2024 to cancel the forged Power of Attorney dated 26.07.2021 registered as Document No.9357 of 2021 and Sale Deeds dated 16.08.2021 vide Doc. No.10323 of 2021 and 10324 of 2021 given to the respondents. 1/4

For Petitioner : Mr.Manikandan For Respondents : Mr.U.Baranidharan Special Government Pleader [R1 & R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 and 2 to cancel the forged Power of Attorney and the forged sale deeds, based on the representation made by the petitioner on 03.10.2024.

2. Heard Mr.Manikandan, learned counsel appearing for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents 1 and 2.

3. The power of cancellation given to the District Registrar under Section 77-A of the Registration Act has already been held to be unconstitutional by this Court in the judgment in M.Kathirvel and others v. Inspector General of Registration [2024 (4) CTC 769]. Hence, the registering authority, as on today, does not have the power or jurisdiction to cancel any document. Apart from that, the Collector is not possessed of any inherent power to cancel any document. The petitioner has approached this Court seeking for issuance of a writ of mandamus and 2/4

such a direction can be issued only if the petitioner is able to establish a legal right and the corresponding duty on the part of the respondent. Such legal right should be traceable to law and in the absence of the same, a writ of mandamus can never be issued.

4. In the light of the above discussion, even if the petitioner has a very genuine grievance on the forged document, the petitioner has to work out the remedy only before the competent civil Court and he cannot approach the registering authority in this regard. Except giving this liberty and clarity, no further orders can be passed in this writ petition. This writ petition is disposed of in the above terms. No costs. 25.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm N.ANAND VENKATESH, J gm 3/4

To 1.The Sub Registrar, Office of Sub-Registrar, Guduvancherry, Chengalpet District - 603 202.

2.The District Collector, District Collector Office, Chengalpet - 603 111.

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