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Madras High CourtWP(MD)/23967/2025dismissed

S.Shanthi v. The District Registrar

2025-09-03Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Shanthi ... Petitioner Vs.

1.The District Registrar, Registration Department, Thanjavur District.

2.The Sub Registrar, Sub Registrar Office, Kumbakonam, Thanjavur District.

3.The Inspector General of Registration, Registration Department, Santhome, Chennai - 600 004.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent herein cancel the Document Nos.96, 97, 98/2018 dated 30.08.2018, Cancellation Deed No.178/2021 dated 20.12.2021 and Document No.179/2021 dated 22.12.2021 on the file of the Sub Registrar Office, Kumbakonam.

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For Petitioner : Ms.M.Sarnya For Respondents : Mr.M.Senthil Ayyanar, Government Advocate.

ORDER

Heard both sides.

2.The prayer in the writ petition cannot be granted. Only under Section 77A of the Registration Act, the District Registrar of the registration department was conferred with certain powers. The said provision has been struck down by the Hon'ble Division Bench of this Court in the decision reported in 2024 (4) CTC 769 (M.Kathiravel Vs. Inspector General of Registration).

3.The petitioner may have a case on merits but it has to be projected only before the jurisdictional Civil Court. In writ proceedings, this Court cannot grant relief. To issue a Writ of Mandamus, the petitioner has to show that the official is having legal authority or a legal duty. The learned counsel for the petitioner is unable to show under what 2/4

provision of law, the first respondent can cancel the petition mentioned document. I, therefore, decline to grant relief. The writ petition stands dismissed. Liberty is given to the petitioner to move the jurisdictional Civil Court. No costs.

03.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 10.09.2025 To:- 1.The District Registrar, Registration Department, Thanjavur District.

2.The Sub Registrar, Sub Registrar Office, Kumbakonam, Thanjavur District.

3.The Inspector General of Registration, Registration Department, Santhome, Chennai - 600 004.

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G.R.SWAMINATHAN, J.

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