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Madras High CourtWP/47494/2025dismissed

Bhuvaneshwari v. The District Registrar

2025-12-11Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Bhuvaneshwari ... Petitioner -vs1.The District Registrar, O/o. The District Registrar, Registration Department, Kallakurichi.

2. Arul ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to conduct an enquiry and pass Speaking Order by invoking the provision under Section 83 of the Registration Act by considering the petitioner's representation dated 15.10.2025 within time frame as fixed by this Hon'ble Court.

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For Petitioner : Mr.M.A.Khadar Sheriff For Respondent 1 : Mr.V.Baranidharan, Special Government Pleader **********

ORDER

The petitioner asserts that a release deed was executed by her on 16.04.2018 without free consent on account of coercion and undue influence. After lodging a police complaint in August 2025, the petitioner submitted a representation on 15.10.2025 seeking an enquiry under Section 83 of the Registration Act, 1908. The present writ petition relates thereto.

2. Learned Special Government Pleader accepts notice for the first respondent. He submits that the petitioner has approached the first respondent belatedly in relation to a document, which was registered on 16.04.2018. He also submits that the District Registrar does not have the power to reverse a registration effected earlier. 2/4

3. The case of the petitioner is that the document was executed without free consent. Whether such assertion is correct or not is required to be examined by a jurisdictional civil Court on the basis of the relevant provisions of the Contract Act, 1872. The petitioner has also approached the District Registrar about seven years after the instrument in question was registered. Considering all these aspects, I am not inclined to exercise discretionary jurisdiction.

4. Therefore, this writ petition is dismissed without any order as to costs by leaving it open to the petitioner to avail remedies before the jurisdictional civil court in accordance with law. 11.12.2025 rna Index : Yes / No Internet : Yes / No To The District Registrar, O/o. The District Registrar, Registration Department, Kallakurichi.

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SENTHILKUMAR RAMAMOORTHY,J rna 11.12.2025 4/4