B.Rathina Poosanam v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2026 CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE B.Rathina Poosanam ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

2.The District Registrar(Administration), No.10, Kancheepuram High Road, Chengalpet - 603 002. 3.The Sub Registrar, No.10, Kancheepuram High Road, Chengalpet - 603 002. 4.Gopal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, direct the 3rd respondent to remove the transactions made in book No.1 which is reflected in the encumbrance certificate of Sale Agreement No.1265 of 2007 dated 02.02.2007 and Sale deed No.11901/2011 dated 30.11.2011.

For Petitioner : Mr.N.Sairam Ganapathi For Respondents : Mr.P.Harish Government Advocate [R1 to R3] Notice dispensed with [R4] ***** Page No.1 of 4

ORDER

The relief sought for in this writ petition is cancellation of Sale Agreement No.1265 of 2007 dated 02.02.2007 and Sale deed No.11901/2011 dated 30.11.2011.

2. Mr.P.Harish, learned Government Advocate, accepts notice on behalf of the respondents 1 to 3. Since no adverse order is passed against the 4th respondent in this writ petition, notice to the 4th respondent is dispensed with by this Court.

3. The Registration Department does not have the statutory right to cancel the aforesaid documents. Further, the aforesaid documents were executed as early as in the year 2007 and 2011 respectively. Only by letting in oral and documentary evidence, the petitioner can seek for cancellation of the aforesaid documents before the civil court. Since the Registration Department does not have to power to cancel the registered documents, the petitioner will have to approach the civil court by letting in oral and documentary evidence for the purpose of cancelling the aforesaid documents. Page No.2 of 4

4. When this Court expressed its view to the learned counsel for the petitioner, learned counsel for the petitioner, on instructions, seeks liberty for the petitioner to approach the civil court. He has also made an endorsement to that effect in the court bundle today.

5. Accordingly, this Writ Petition is disposed of by granting liberty to the petitioner to approach the civil court for the purpose of declaring the Sale Agreement No.1265 of 2007 dated 02.02.2007 and Sale deed No.11901/2011 dated 30.11.2011 as null and void. No costs.

20.04.2026 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

2.The District Registrar(Administration), No.10, Kancheepuram High Road, Chengalpet - 603 002.

3.The Sub Registrar, No.10, Kancheepuram High Road, Chengalpet - 603 002.

Page No.3 of 4

ABDUL QUDDHOSE, J.

sp 20.04.2026 Page No.4 of 4