Peer Mohamed v. Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-01-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.Nos.2085 & 2089 of 2026 Peer Mohamed S/o.S.Abdul Majid, Rep by his General power of Attorney, Mohammed Fayaz, s/o.Mohammed Nazeem, No.2-96, Liyakath Ali street, Adhalaiyur, Nagapattinam District-609 702 ..Petitioner(s) Vs
1. Sub Registrar Office of the Sub Registrar, Nannilam
2. District Registrar Office of the District Registrar, Mayiladuthurai,
3. Sub Registrar Office of the Sub Registrar , Nagore
4. District Registrar Office of the District Registrar,
5. Deputy Inspector General of Registration Office of the Deputy Inspector General of Registration, Thanjavur,
6. Inspector General of Registration office of the Inspector General of Registration, Chennai
7. The Tahsildar Taluk office,
8. The Revenue Divisional officer office of the Revenue Divisional officer,
9. The District collector Office of the District collector 10.Kahalilul Rahman S/o.Abdul Majid 51 Jalan Limau Purut off Lorong Maarof Bangsar, WilayahPersekutuan, Malaysia ..Respondent(s) PRAYER: Writ petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari, to call for the records pertaining to Document No.2267/2016 on the file of the 1st respondent and quash the same as illegal.
For Petitioner(s):
Mr.G.Peranban for Mr.T.Ananthasekar For Respondent(s):
Mr.U.Baranidharan, Special Government Pleader for R1 to R9
ORDER
Settlement deed dated 13.10.2016 bearing Document No.2267 of 2016 is challenged in this writ petition.
2. Learned counsel for the petitioner submits that the settlement deed was not signed by the settlor and merely bears the right thumb impression. He also contends that no power of attorney was executed and that the document was registered on the basis of a notarial certificate.
3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for respondents 1 to 9. He submits that the petitioner has approached this Court after 10 years and that the registering officer does not have power to cancel the registration.
4. The present writ petition has been instituted in December 2025 seeking cancellation of a document registered in 2016. The affidavit does not contain a justifiable explanation for the inordinate delay. In addition, the petitioner has challenged the document on grounds such as the non execution of the document by the settlor and the affixing of a right thumb impression. These are factual aspects that warrant determination in a trial process by a civil court. Therefore, by leaving it open to the petitioner to approach the jurisdictional civil court, this
writ petition is disposed of without any order as to costs. Consequently, the connected writ miscellaneous petitions are closed. 30-01-2026 Index: Yes/No Speaking/Non-speaking order RNA To
1. Sub Registrar Office of the Sub Registrar, Nannilam
2. District Registrar Office of the District Registrar, Mayiladuthurai,
3. Sub Registrar Office of the Sub Registrar , Nagore
4. District Registrar Office of the District Registrar,
5. Deputy Inspector General of Registration Office of the Deputy Inspector General of Registration, Thanjavur,
6. Inspector General of Registration office of the Inspector General of Registration, Chennai
7. The Tahsildar Taluk office,
8. The Revenue Divisional officer office of the Revenue Divisional officer,
9. The District collector Office of the District collector
SENTHILKUMAR RAMAMOORTHY, J.
RNA and W.M.P.Nos.2085 & 2089 of 2026 30-01-2026