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Madras High CourtWP/45398/2025disposed of

Jain Bee v. District Registrar

2026-03-18Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Jain Bee ..Petitioner(s) Vs

1. District Registrar Kallakurichi District.

2. Joint Sub Registrar-ii, Sub Registrar Office, Kallakurichi

3. The Tahsildar, Kallakurichi District.

(R3 Suo Motu Impleaded Vide Order Dated 21.11.2025 Made In Wp.45398/2025 By KRJ) ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the second respondent to consider and pass orders on petitioner's representation dated 26.07.2025 within a time frame.

For Petitioner(s):

Mr.V.Achuthnanthan For Respondent(s):

Mr.U.Baranidharan, SGP for R1 & R2 Mrs.C.Meera Arumuga, AGP for R3

ORDER

This writ petition has been filed seeking for a direction to the second respondent to consider the petitioner's representation dated 26.07.2025 requesting to cancel the sale deed.

2. This Court has consistently held that the Registration Department does not have the power to cancel the registered document. Division Bench of this Court has also struck down Section 77-A of the Registration Act empowering the respondents to cancel the registered document, in case the said registered document is found to be fraudulently registered.

3. In view of the settled law, the prayer sought for in this writ petition cannot be entertained by this Court. If at all the petitioner seeks to cancel the registered sale deed, the petitioner will have to necessarily approach the competent civil court. Accordingly, this writ petition is disposed of by granting liberty to the petitioner to approach the competent civil court seeking for cancellation of the sale deed. No Costs.

18-03-2026 RKM

To

1. District Registrar Kallakurichi District

2. Joint Sub Registrar-ii, Sub Registrar Office, Kallakurichi

3. The Tahsildar, Kallakurichi District.

ABDUL QUDDHOSE, J.

RKM 18-03-2026