V.S.Kamarudeen vs S.Sezhian ... 1St
2023 Latest Caselaw 4922 Mad

                                                                                  W.A(MD)No.543 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 27.04.2023

                                                         CORAM:

                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                     and
                                  THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                              W.A(MD)No.543 of 2023
                                                      and
                                             C.M.P(MD)No.5464 of 2023

                     V.S.Kamarudeen                             ... Appellant/4th respondent

                                                            -vs-

                     1.S.Sezhian                            ... 1st Respondent/Writ Petitioner

                     2.The Deputy Inspector General of Registration,
                       Tirunelveli Region,
                       Tirunelveli.

                     3.The District Registrar(Admin),
                       Tenkasi District,
                       Tenkasi.

                     4.The Joint Sub-Registrar,
                       Unit-II, Tenkasi,
                       Tenkasi District.

                     5.R.Poolithurai Thalaivanar
                                                   ... Respondents/1st to 3rd & 5th Respondents

                     PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order

                     dated 22.08.2022 in W.P(MD)No.2244 of 2022.


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                                                                                  W.A(MD)No.543 of 2023



                                     For Appellant        : Mr.Niranjan.S.Kumar

                                     For R-2 to R-4        : Mr.M.Prakash,
                                                            Additional Government Pleader


                                                           JUDGMENT

[Judgment of the Court was delivered by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 22.08.2022 made

in W.P(MD)No.2244 of 2022, the appellant/writ petitioner has filed this writ

appeal.

2. We do not find any reason to entertain this writ appeal. The Writ

Court has, as of fact, found that the power agent was not informed of the

cancellation of power, when the document was executed on 14.10.2009. We do

not find any reason to interfere with the factual finding of the Writ Court since

the documents that have been filed do demonstrate that the finding of the writ

Court is justified. Moreover, act of a power of attorney in executing a

document after cancellation of the power will not fall within the ambit of 22-B

of the Registration, 1908, so as to enable the registering authority to cancel the

document as a forged document. The Writ Court has given liberty to the

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https://www.mhc.tn.gov.in/judis W.A(MD)No.543 of 2023

appellant/4th respondent to approach the civil Court. We do not interfere with

the said liberty. The writ appeal stands dismissed. The civil Court will decide

the case independently without being influenced by any of the observations

made by us or in the writ petition. No Costs. Consequently, connected

miscellaneous petition is closed.

                                                         [R.S.M., J.]       [L.V.G., J.]
                                                               27.04.2023
                     NCC           :Yes/No
                     Index        :Yes/No
                     PM

                     To:

1.The Deputy Inspector General of Registration, Tirunelveli Region, Tirunelveli.

2.The District Registrar(Admin), Tenkasi District, Tenkasi.

3.The Joint Sub-Registrar, Unit-II, Tenkasi, Tenkasi District.

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https://www.mhc.tn.gov.in/judis W.A(MD)No.543 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

W.A(MD)No.543 of 2023

27.04.2023

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