P.Sanmugam vs The District Registrar
2021 Latest Caselaw 5211 Mad

                                                                            W.P.No.2733 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 26.02.2021

                                      CORAM: JUSTICE N.SESHASAYEE

                                                 WP.No.2733 of 2021

                     P.Sanmugam                                         ...Petitioner

                                                        -Vs-
                     1.The District Registrar,
                     Salam East,
                     Ammapet, Salem District.

                     2.The Sub-Registrar,
                     Dadagapatti Sub-Registrar Office,
                     Ammapet, Salem District-636 014.

                     3.Parvathi
                     4.Chandrasekar                                   ...Respondents


                     Prayer: Writ Petition is filed under Article 226 of the Constitution of

                     India, to issue a Writ of Mandamus, directing the second respondent to

                     delete the entry made in Doc No.7403/2018 dated 19.12.2018 by

                     considering the petitioner's representation dated 08.12.2020.


                                   For Petitioner  : Mr.N.Vijaya Baskar
                                   For Respondents : Mr.T.M.Pappiah, Spl.G.P
                                                     for RR1 and 2.




                    1/6
https://www.mhc.tn.gov.in/judis/
                                                                            W.P.No.2733 of 2021

                                                     ORDER

The present petition is filed by the petitioner seeking a direction to the

second respondent to delete the entry made in Doc No.7403/2018 dated

19.12.2018 by considering the petitioner's representation dated

08.12.2020.

2.Heard both sides.

3.The petitioner claims title to a certain property comprised in

S.No.51/1N(part), at Masinaickenpatti Village, Pethikkadu, Salem

District registered as Document No.6102 vide Sale Deed dated

18.11.2020.

4.Be that as it may, one Tamilarasi, the daughter of the third respondent

has preferred a suit against one Parvathi, Palaniammal, Govindan and

Mariappan, who were the predecessors- in- title to the said property in

O.S.No.841 of 2013 before the III Additional District Munsif, Salem for

declaration of title and injunction. This suit came to be dismissed on

05.02.2019. However, during the pendency of the said suit, the third

https://www.mhc.tn.gov.in/judis/ W.P.No.2733 of 2021

respondent, who is a party to the suit had executed a Settlement Deed

dated 19.12.2018 in favour of her daughter Tamilarasi pertaining to the

same property. The petitioner contends that the said document is a

fraudulent one.

5.Heard, Mr.N.Vijaya Basker, learned counsel for the petitioner and

Mr.T.M.Pappiah, learned Special Government Pleader appearing for the

respondents 1 & 2.

6.The learned Special Government Pleader submitted that there is a bar

for cancellation of the registered document for deleting entry pertaining

to the registered document since that can be achieved only when the

document itself is set aside, for which the Sub-Registrar does not have

any power. However, the petitioner has preferred a representation for

deleting the entry regarding the registered document from Book-I

Register maintained by the Sub Registrar regarding all encumbrance over

the property. The learned Special Government Pleader further submitted

that it is beyond the power of the Sub Registrar to delete the entry

regarding the registered document. The document itself cannot be

https://www.mhc.tn.gov.in/judis/ W.P.No.2733 of 2021

cancelled by the Sub Registrar and the power to do the same is vested

with the civil Court. He also suggested that the petitioner has every

option to register the civil Court's judgment and decree in O.S.No.841 of

2013. However, he submitted that an enquiry is still being made on the

representation to ascertain the facts.

7.The learned counsel for the petitioner would now submit that even the

fact that the third respondent is not a party to O.S.No.841 of 2013, one

Tamilarasi, the daughter of the third respondent herein appeared to have

automatically moved in creating document tactically. She did not

produce this document in O.S.No.841 of 2013 and allowed the suit to be

dismissed for default.

8.After careful consideration of the above submissions, this Court only

directs the second respondent to hold an enquiry into the representation

of the petitioner dated 08.12.2020 within a period of eight weeks from

the date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis/ W.P.No.2733 of 2021

9.This Writ Petition is disposed of, with the above direction. No costs.

26.02.2021

Index : Yes/No Internet : Yes/No

dn

To

1.The District Registrar, Salam East, Ammapet, Salem District.

2.The Sub-Registrar, Dadagapatti Sub-Registrar Office, Ammapet, Salem District-636 014.

https://www.mhc.tn.gov.in/judis/ W.P.No.2733 of 2021

N.SESHASAYEE, J.,

dn

W.P.No.2733 of 2021

26.02.2021

https://www.mhc.tn.gov.in/judis/