K.Ganesh Kumar v. The District Registrar

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.36473 of 2025 K.Ganesh Kumar ... Petitioner Vs 1.The District Registrar, Office of the District Registrar (Administration), Tirunelveli District.

2.The Sub Registrar, Sub Registrar Office, Kayathar, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent not to register any further document or encumbrance relating to S.Nos. 104/3A1, 3A2, 3A3, 3B1, 3B2, 3B4, 3B5, 3C1, 3C2, 3C3, 3C5 and 3C8, situated at Panikkarkulam Village, Puliaramanathapuram, Kayathar Taluk, Thoothkudi District to consider on the basis of petitioner's representation dated 01.12.2025.

For Petitioner : Mr.K.P.Naryanakumar For Respondents : Mr.V.Om Prakash, Govt. Advocate 1/4

O R D E R

This Writ Petition is filed seeking a Mandamus as against the 2nd respondent not to register any further document or encumbrance relating to S.Nos.104/3A1, 3A2, 3A3, 3B1, 3B2, 3B4, 3B5, 3C1, 3C2, 3C3, 3C5 and 3C8, situated at Panikkarkulam Village, Puliaramanathapuram, Kayathar Taluk, Thoothkudi District, on the basis of petitioner's representation dated 01.12.2025.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner would submit that the petitioner has given a representation on 01.12.2025, seeking to cancel the document registered by the third party on 28.10.2025. According to the petitioner, the said registration is a fraudulent one. Since the said representation was not considered till date, the petitioner has filed this Writ Petition with the above said prayer. 2/4

4. The learned Government Advocate appearing for the respondents would submit that consequent to the striking down of Sections 77A and 68(2) of the Registration Act, 1908, the respondents have no power to cancel any of the documents. Therefore, the petitioner's prayer cannot be considered and the petitioner can approach before the civil Court.

5. This Court finds force in the submissions made by the learned Government Advocate appearing for the respondents. As rightly contended by the learned Government Advocate, since the respondents have no power to cancel any of the alleged forged documents, the relief sought for by the petitioner cannot be granted. The right course available to the petitioner is only to approach the civil Court.

6. With the above observations, this Writ Petition is dismissed with liberty to the petitioner to approach the civil Court for appropriate remedy. There shall be no order as to costs. 05.01.2026 vsm Index : Yes/No NCC : Yes/No 3/4

KRISHNAN RAMASAMY, J.

vsm To 1.The District Registrar, Office of the District Registrar (Administration), Tirunelveli District.

2.The Sub Registrar, Sub Registrar Office, Kayathar, Thoothukudi District.

W.P.(MD)No.36473 of 2025 05.01.2026 4/4