Selvam.A v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP(MD) No.6403 of 2021 (Through Video Conferencing) A.Selvam ... Petitioner Vs.

1.The Inspector General of Registration, Office of the Inspector General of Registration, Chennai 600 028.

2.The Deputy Inspector General of Registration Office of the Deputy Inspector General of Registration Trichy District 3.The District Registrar, Office of the District Registrar, Karur District 4.The Sub Registrar, Office of the Sub Registrar, Tharagampatti Karur District ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to cancel the sale deed dated 18.07.2013 as document No.1527 of 2013, settlement deed dated 18.07.2013 as document No.1528 of 2013 and sale deed dated 15.10.2019 as document No.2569 of 2019 on the file of the 4th respondent.

For Petitioner :Mr.J.Sivaraman For Respondents :Mr.K.Sathiya Singh Additional Government Pleader

ORDER

This writ petition has been filed for a direction to the respondents to cancel certain sale deeds and settlement deed, which have been registered on the file of the fourth respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Government pleader appearing for the respondents. 1/3

3. In the considered view of this Court, the registration department does not have the power to cancel any document that has already been registered. The law on this issue is well settled by the judgment of the Hon'ble Supreme Court in Satya Pal Anand v. State of M.P. [2016 10 SCC 767]. Subsequent to this judgment, the Inspector General of Registration has also issued a Circular in the year 2018 and has instructed all the Sub Registrars that no registered document can be cancelled and the parties must only be referred to the competent civil Court.

4. In view of the above, the relief sought for by the petitioner cannot be granted by this Court and if the petitioner is aggrieved by the documents executed by the rival parties, it is left open to the petitioner to question the same before the competent civil Court in the manner known to law.

5. Accordingly, this writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // 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.

To 1.The Inspector General of Registration, Office of the Inspector General of Registration, Chennai 600 028.

2.The Deputy Inspector General of Registration Office of the Deputy Inspector General of Registration Trichy District 2/3

3.The District Registrar, Office of the District Registrar, Karur District 4.The Sub Registrar, Office of the Sub Registrar, Tharagampatti Karur District +1CC TO M/S.SPECIAL GOVERNMENT PLEADER, SR NO.17719 GS(17.05.2021) 3P 6C 3/3