P.Ayyaswamy vs The District Registrar
2024 Latest Caselaw 15214 Mad

Madras High Court

P.Ayyaswamy vs The District Registrar on 6 August, 2024

                                                                             W.P.No.21886 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 06.08.2024

                                                     CORAM

                                   THE HONOURABLE MR. JUSTICE S.SOUNTHAR

                                              W.P No.21886 of 2024

                 P.Ayyaswamy                                                      ...Petitioner

                                                       Vs.

                 1.The District Registrar
                   Coimbatore District Registration Department
                   Coimbatore.

                 2.The Sub-Registrar
                   The Sub-Registrar's Office
                   Gandhipuram
                   Coimbatore.

                 3.K.Chinnasamy                                                  ...Respondents



                 Prayer: Writ Petition filed under Article 226 of the Constitution of India for

                 issuance of a Writ of Mandamus, directing the first respondent to pass an

                 appropriate order cancelling the sale deed dated 09.05.2007 registered as

                 Document No.3339 of 2007 on the file of the second respondent and as a

                 sequel, to remove the said entry from the encumbrances certificate by

                 considering the petitioner's representation dated 15.04.2024.


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                                                                                W.P.No.21886 of 2024

                                        For Petitioner     : Mr.R.Kannan

                                        For Respondents : Mr.B.Vijay for R1 & R2
                                                         Additional Government Pleader


                                                         ORDER

The petitioner seeks a direction to the first respondent to pass

appropriate order cancelling the sale deed dated 09.05.2007 registered as

Document No.3339 of 2007 on the file of the second respondent by

considering the petitioner's representation dated 15.04.2024.

2. There is no enabling provision in the Registration Act,

empowering the second respondent to cancel the sale deed already registered.

Therefore, the prayer in the Writ Petition cannot be entertained. The learned

counsel for the petitioner further submitted that in view of the observation

made by the Civil Court in OS.No.254 of 2005, the sale deed in favour of the

third respondent can be cancelled.

3. It is seen from the decree passed in OS.No.254 of 2005 there is

no clause in the decree cancelling the sale deed dated 09.05.2007 executed in

favour of the third respondent. Further perusal of judgment in O.S.No.254 of

2005 would suggest that Civil Court found that sale deed in favour of third

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respondent was valid to the extent of share of the first defendant in the suit

Palanisamy/father of petitioner. Hence, entire sale in favour of third respondent

was not held to be invalid. In such circumstances petitioner cannot maintain a

prayer for cancellation of entire sale deed.

4. In the absence of specific clause in the decree passed by the

Civil Court, prayer for cancellation of registered document sought for by the

petitioner cannot be entertained. Therefore, this Writ Petition is dismissed. No

costs.

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                 Index      : Yes/No
                 Internet   : Yes/No

Speaking Order/Non-Speaking Order dna

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To

1.The District Registrar Coimbatore District Registration Department Coimbatore.

2.The Sub-Registrar The Sub-Registrar's Office Gandhipuram Coimbatore.

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S.SOUNTHAR, J.

dna

(2/2)

06.08.2024

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