Indirani v. The Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Indirani .. Petitioner Vs.
1.The Inspector General of Registration, 100, Santhome Highway, Nungambakkam, Chennai.
2.The Deputy Inspector General of Registration, Registration Department, Government Multi Purpose Office Campus, Mannarpuram, K.K.Nagar, Trichy, Trichy District.
3.The District Registrar, District Registrar Office, Court Campus, Trichy.
4.The Sub Registrar, Sub Registrar Office, K.Sathanur, Srirangam Taluk, Trichy District.
5.V.Gowri 6.T.R.Soundrapandian 7.S.Nakkeran 8.S.Citibabu 9.T.R.Anbalagan 10.A.Manoranjan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the General Power of Attorney registered as Document No.431 of 2006 at Sub Registrar Office, District Registrar Office, Trichy by the respondents 5 to 10 with 1/3
regard to the petitioner family properties by considering her representation, dated 11.11.2020.
For Petitioner : Mr.R.Murugappan For Respondents : Mr.K.Sathyasingh, Addl. Govt. Pleader for R1 to R4 *****
ORDER
This Writ Petition has been filed seeking for the cancellation of the General Power of Attorney registered as document No.431 of 2006 by respondents 5 to 10, which was registered before the fourth respondent.
2.The case of the petitioner is that respondents 5 to 10, who have absolutely no right or title over the property have created a power of attorney, which was registered before the fourth respondent as document No.431 of 2006. The petitioner made a representation before respondents 1 to 3 on 11.11.2020, seeking for an enquiry and cancellation of the document. Since the same was not acted upon, the present Writ Petition has been filed before this Court.
3. Heard Mr.R.Murugappan, learned counsel for the petitioner and Mr.K.Sathyasingh, learned Additional Government Pleader appearing on behalf of respondents 1 to 4.
4.In the considered view of this Court, the Honourable Supreme Court in Satya Pal Anand Vs. State of Madhya Pradesh and Others reported in (2016) 10 SCC 767, categorically held that the Registrar does not have the powers to recall or cancel any registered document. This judgment of the Honourable Supreme Court was taken into consideration by the Inspector General of Registration and a Circular was issued on 09.04.2018, making it very clear that no such cancellation can be done by the Registration Department.
5. In view of the above, the relief sought for by the petitioner is not sustainable. If the petitioner is aggrieved by the power of attorney executed by the private respondents and registered by the fourth respondent, it is left open to the petitioner to agitate her rights in the manner known to law before the competent civil Court. Except giving this liberty, no further orders can be passed in this Writ Petition.
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6. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.
vsm To 1.The Inspector General of Registration, 100, Santhome Highway, Nungambakkam, Chennai.
2.The Deputy Inspector General of Registration, Registration Department, Government Multi Purpose Office Campus, Mannarpuram, K.K.Nagar, Trichy, Trichy District.
3.The District Registrar, District Registrar Office, Court Campus, Trichy.
4.The Sub Registrar, Sub Registrar Office, K.Sathanur, Srirangam Taluk, Trichy District.
+1 CC to M/s.AGP ( SR-15980[F] dated 16/04/2021 ) 15.04.2021 GS (06.05.2021) 3P 6C 3/3