R.Sankaranarayanan v. The Inspector General Of

W.P.(MD)No.2795 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2795 of 2017 and W.M.P.(MD)No.2299 of 2017 R.Sankaranarayanan ... Petitioner Vs.

1.The Inspector General of Registration, Santhome, Chennai-28.

2.The District Registrar (Administration), Thenkasi, Tirunelveli District.

3.The Sub-Registrar, Sankarankovil, Tirunelveli District.

4.Ayyanar 5.M.Chelladurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 herein to cancel the sale deed in Doc.No.1843/2016, dated 20.07.2016 which is registered in third respondent's office by the respondents 4 and 5 within a time stipulated by this Court. For Petitioner : Mr.J.Balameenakshi For R1 to R3 : Mr.S.Selva Ganesan Additional Government Pleader For R4 & R5 : No appearance

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for R1 to R3.

2. Even though the respondents 4 & 5 have been served and their names are printed in the cause list, there is no appearance on their behalf.

3. The petitioner seeks cancellation of the petition mentioned sale deed. The 4th respondent had executed the said sale deed in favour of the 5th respondent. There is no impersonation involved in this case.

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W.P.(MD)No.2795 of 2017 4.The petitioner's counsel would state that the 4th respondent without having any manner of right had fraudulently executed the petition mentioned sale deed in favour of the 5th respondent. She would also state that subsequently, the Revenue Divisional Officer cancelled the patta also. But this is a subsequent development. The document once registered cannot be cancelled by the registering authority himself. The petitioner has to necessarily move the jurisdictional civil Court for relief.

5. Leaving open the petitioner's right, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) rmi To 1.The Inspector General of Registration, Santhome, Chennai-28.

2.The District Registrar (Administration), Thenkasi, Tirunelveli District.

3.The Sub-Registrar, Sankarankovil, Tirunelveli District.

+1 CC to M/s.SPL.GP ( SR-27080[F] dated 21/06/2022 ) W.P.(MD)No.2795 of 2017 20.06.2022 SVN(CO) GC(05.07.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2