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Madras High CourtWP(MD)/11924/2022dismissed

Bose.P v. The District Registrar

2024-08-09Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 09/08/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR and WMP(MD) No.8474 of 2022 Bose.P ... Petitioner Vs

1. The District Registrar, Registration Department, Karaikudi, Sivagangai District..

2. The Sub Registrar,, Thiruvadanai Sub Registrar Office, Thiruvadanai, Ramanathapuram District..

3. Lakshmi, W/o. Markandeyan, Karambakudi Village, Thiruvadanai Taluk, Ramanathapuram District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings issued by the 1st respondent in Na.Ka.No.2759/A1/2021 dated 18.03.2022 and quash the same and consequently direct the respondents to conduct fresh 1/4

enquiry with prior notice to necessary parties. For Petitioner : M/s.Venkateshwar.R, For Respondents : ,Mr.R.Sundar Srinivasan for R3 Mr.C.Satheesh for R1 &R2 Government Advocate

ORDER

Challenge has been made to the impugned order of the 1st respondent in Na.Ka.No.2759/A1/2021 dated 18.03.2022.

2. It is the case of the petitioner that he gave a representation to cancel the document registered on 09.07.2015. It is his case that he has executed a power of attorney in favour of the private respondents on 23.05.2011. However, the private respondent has executed a sale deed in his favour on 09.07.2015, which he came to know only in the year 2021. Therefore, he gave a representation.

3. The very conduct of the petitioner in not seeking any accounts from the so called power of attorney for so many years itself is against a normal human conduct. That apart, the registration has been done in the 2/4

year 2015. An application has been given only in the year 2021. At any event, the authorities have no power to cancel the registered document as held in G.Raja Sulochana v. Inspector General (WP No.29706 of 2024 dated 16.04.2024). Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. 09.08.2024 RR TO

1. The District Registrar, Registration Department, Karaikudi, Sivagangai District..

2. The Sub Registrar,, Thiruvadanai Sub Registrar Office, Thiruvadanai, Ramanathapuram District..

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N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.11924 of 2022 Date : 09/08/2024 4/4