Dharmaraj v. The Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 21.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) Dharmaraj ... Petitioner Vs.
1.The Inspector General of Registration, 100 Santhome High Way Road, Mullima nagar, Manthaivelippakkam Raja Annamalaipuram Chennai.
2.The Deputy Inspector General of Registration, Multipurpose Office Campus, Kaajamalai Tiruchirappalli.
3.The District Registrar, Karur District Karur.
4.The Sub Registrar, Nangavaram Sub Registrar Office, Kulithalai Taluk Karur District 5.Neelavani 6.Anusha Sureshkumar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to cancel the document No.410/2008 dated 17.03.2008 in the light of the order No. 2183/AA1/2020 dated 17.08.2020 passed by the 3rd respondent by considering the petitioner's representation dated 31.08.2020.
For Petitioner :Mr.R.Murugappan For Respondents :Mr.K.Sathiya Singh for R1 to R4 Additional Government Pleader 1/3
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to consider the representation made by the petitioner on 31.08.2020, wherein, the petitioner is seeking for the cancellation of the registered sale deed dated 17.03.2008 registered as document No.410/2008.
2. Heard Mr.R.Murugappan, learned counsel for the petitioner and Mr.K.Sathiya Singh, learned Additional Government Pleader, appearing on behalf of the respondents 1 to 4.
3. In the considered view of this Court, the relief sought for by the petitioner cannot be granted by this Court. The first respondent does not have the power or jurisdiction to cancel any registered document. In fact, the earlier order passed by the third respondent cancelling the document of the petitioner was reversed by a subsequent order based on the Circular issued by the first respondent on the ground that the registration department does not have the power or jurisdiction to cancel the document. The same law will apply even insofar as the sale deed dated 17.03.2008, which is now sought to be cancelled.
4. In view of the above, this Court does not find any ground to entertain this writ petition and if at all the petitioner has any grievance with regard to the registered document, it is left open to the petitioner to work out his remedy in the manner known to law, if so advised.
5. The writ petition is dismissed accordingly. No costs. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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.
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To 1.The Inspector General of Registration, 100 Santhome High Way Road, Mullima nagar, Manthaivelippakkam Raja Annamalaipuram Chennai.
2.The Deputy Inspector General of Registration, Multipurpose Office Campus, Kaajamalai Tiruchirappalli.
3.The District Registrar, Karur District Karur.
4.The Sub Registrar, Nangavaram Sub Registrar Office, Kulithalai Taluk Karur District +1 CC to M/s.SPL GP ( SR-17129[F] dated 22/04/2021 ) 21.04.2021 CN(03.05.2021) 3P C6 3/3