Madras High Court
A.Jeyalakshmi vs The Inspector General Of ... on 15 April, 2021
W.P.(MD)No.7807 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.04.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.7807 of 2021
& W.M.P.(MD)No.5948 of 2021
A.Jeyalakshmi .. Petitioner
Vs.
1.The Inspector General of Registration,
Santhome Highways,
Chennai – 600 028.
2.The District Registrar,
Madurai,
Madurai District.
3.The Sub Registrar,
Sub Registrar Office,
Thirumangalam,
Madurai District.
4.Loganathan
5.R.S.Pandi
6.R.S.Devaraj
7.A.Jeyalakshmi .. Respondents
1/6
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W.P.(MD)No.7807 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorari, to call for the records pertaining to the
sale deed in document No.1216/1993 on the file of the 3rd respondent and
quash the same as illegal by considering circular No.67, dated 03.11.2011
issued by the 1st respondent.
For Petitioner : Mr.C.Ezhilarasu
For Respondents : Mr.K.Sathyasingh,
Addl. Govt. Pleader for R1 to R3
*****
ORDER
This Writ Petition has been filed challenging the sale deed, registered
by the third respondent in document No.1216/1993 in line with Circular
No.67, dated 03.11.2011.
2. The case of the petitioner is that the third respondent had
entertained a sale deed that was presented for registration by the
respondents 3 to 7, who had absolutely no right or title over the property.
Therefore, the petitioner made a representation to the official respondents
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W.P.(MD)No.7807 of 2021
on 16.12.2020, requesting not to entertain any document that are presented
for registration with respect to the subject property. Thereafter, the
petitioner has approached this Court challenging the sale deed that was
registered in document No.1216/1993.
3. Heard Mr.C.Ezhilarasu, learned counsel for the petitioner and
Mr.K.Sathyasingh, learned Additional Government Pleader appearing on
behalf of the respondents 1 to 3.
4. In the considered view of this Court, the Circular relied upon by
the petitioner is no longer in force. The Honourable Supreme Court in
Satya Pal Anand Vs. State of Madhya Pradesh and Others reported in
(2016) 10 SCC 767, categorically held that the Registrar does not have the
powers to recall or cancel any registered document. This judgment of the
Honourable Supreme Court was taken into consideration by the Inspector
General of Registration and a subsequent Circular was issued on
09.04.2018, making it very clear that no such cancellation can be done by
the Registration Department and the earlier Circular in Circular No.67,
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W.P.(MD)No.7807 of 2021
dated 03.11.2011 was withdrawn.
5. In view of the above, the relief sought for by the petitioner is not
sustainable. If the petitioner is aggrieved by the sale deed executed by the
private respondents and registered by the third respondent, it is left open to
the petitioner to agitate her rights in the manner known to law before the
competent civil Court. Except giving this liberty, no further orders can be
passed in this Writ Petition.
6. This Writ Petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
15.04.2021
Index : Yes / No
Internet : Yes / No
vsm
Note: Issue order copy on 19.04.2021.
In view of the present lock down owing to COVID-19
Note : pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the Advocate / litigant concerned.
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W.P.(MD)No.7807 of 2021
To
1.The Inspector General of Registration,
Santhome Highways,
Chennai – 600 028.
2.The District Registrar,
Madurai,
Madurai District.
3.The Sub Registrar,
Sub Registrar Office,
Thirumangalam,
Madurai District.
http://www.judis.nic.in
W.P.(MD)No.7807 of 2021
N.ANAND VENKATESH, J.
vsm
W.P.(MD)No.7807 of 2021
and W.M.P.(MD)No.5948 of 2021
15.04.2021
http://www.judis.nic.in
