Madras High CourtWP(MD)/18573/2024dismissed

Indiran P v. The Inspector General Of Registration

2024-08-05Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR P.Indiran ... Petitioner Vs., 1.The Inspector General of Registration, Office of the IG of Registration, Chennai 28.

2.The Deputy Inspector General of Registrar, Trichy Region, Trichy.

3.The District Registrar, District Registrar Office, Trichy.

4.The Sub-Registrar, Manachanallur, Trichy District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the fourth respondent to consider the representation dated 01.03.2024. After verified the petitioner's father (Principal) death dated 19.01.2004 and power agent executed by document registered dated 06.10.2008, sale deed document No.5040/2008 at SubRegistrar Office, Manachanallur, Kalpalayam Village, S.F.No.67/21-extent Hec.0.02.50 ares, Trichy District in this affidavit and those which may be framed by this Court with stipulated time.

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For Petitioner : Mr.T.Nataraja For Respondents : Mr.C.Satheesh Government Advocate

ORDER

The writ petition has been filed for issuance of writ of mandamus directing the fourth respondent to consider the representation dated 01.03.2024 and cancel the sale deed dated 06.10.2008 in Doc.No. 5040/2008 at Sub-Registrar Office, Manachanallur, Kalpalayam Village,in respect of S.F.No.67/21-extent Hec.0.02.50 ares, Trichy District.

2. The grievance of the petitioner is that his father died on 19.01.2004. After his death, the power agent has registered sale deed in the year 2008. Therefore, he seeks to cancel the document.

3. At the outset, the writ petition itself is not maintainable. The Registration authority has no power to cancel such document in view of Section 77-A of the Registration Act having been struck down by this Court in W.P.No.10291 of 2022 and Batch cases, dated 02.08.2024. 2/4

4. Accordingly, the Writ Petition is dismissed. It is for the petitioner to work out his remedy before the civil Court. No costs. 05.08.2024 NCC : Yes/No Index : Yes/No Rmk To 1.The Inspector General of Registration, Office of the IG of Registration, Chennai 28.

2.The Deputy Inspector General of Registrar, Trichy Region, Trichy.

3.The District Registrar, District Registrar Office, Trichy.

4.The Sub-Registrar, Manachanallur, Trichy District.

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N.SATHISH KUMAR , J.

Rmk 05.08.2024 4/4