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Madras High CourtREV.APLW(MD)/210/2024allowed

Janaki .V v. The Inspector General Of Registration

2025-02-17Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Janaki ... Review Petitioner / Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai-600 028.

2.The District Registrar Administration, Document Registration Department, Theni District.

3.The Sub Registrar, Andipatty Sub-Registrar Office, Theni District.

4.Tamilselvi 5.D.Dhanalakshmi 6.M.Geetha 7.Balasubramani 1/6

8.Alamelu Pandurangan 9.V.Murugesan ... Respondents / Respondents PRAYER: Petition filed under Order 47 Rule 1 r/w Section 114 of C.P.C., praying to review the order passed in W.P.(MD)No.20313 of 2022, dated 30.08.2022.

For Petitioner : Mr.S.Vellaichamy For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 to R3 : No appearance for R4 to R9

ORDER

Heard the learned counsel appearing for the review applicant and the learned Special Government Pleader appearing for the official respondents. The private respondents have been served and their names are printed in the cause list. But they have not chosen to enter appearance.

2. The petitioner herein filed W.P.(MD)No.20313 of 2022 for cancelling the registration of the document bearing No.1502 of 2022 2/6

dated 07.03.2022 on the file of the Sub Registrar, Andipatti. The writ petition was disposed of by me on 30.08.2022 with a direction to the District Registrar, Theni to dispose of the petitioner's representation. This order is sought to be reviewed.

3. The learned counsel for the review applicant states that the unilateral cancellation of the registered document has always been interfered with by this Court in writ jurisdiction and this aspect of the matter was not taken note of. In fact, such a contention is well founded.

4. The learned Special Government Pleader states that the registration of the document No.1502 of 2022 was erroneous and the authority had himself cancelled the same.

5. The learned counsel for the petitioner verified the encumbrance register and states that the cancellation entry does not appear to have been made.

6. The Hon'ble Full Bench in Sasikala Vs. Revenue Divisional Officer-cum-Sub-Collector, Devakottai, Sivagangai District and 3/6

another [(2022(5) CTC 257], had held that when once the document had been registered, it cannot be unilaterally cancelled.

7. In this view of the matter, the registration of the Document No. 1502 / 2022 dated 07.03.2022 is quashed. The order dated 30.08.2022 made in W.P.(MD)No.20313 of 2022 is recalled. The review application is allowed as prayed for. No costs.

17.02.2025 Index : Yes/No Internet : Yes/No rmi 4/6

To 1.The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai-600 028.

2.The District Registrar Administration, Document Registration Department, Theni District.

3.The Sub Registrar, Andipatty Sub-Registrar Office, Theni District.

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G.R.SWAMINATHAN, J.

rmi 17.02.2025 6/6