Dhamayanthi vs The District Registrar
2024 Latest Caselaw 15748 Mad

Madras High Court

Dhamayanthi vs The District Registrar on 13 August, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                      W.P(MD).No.18369 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 13.08.2024

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                             W.P(MD).No.18369 of 2022
                                                       and
                                     W.M.P(MD).Nos.13378, 13380 and 23301 of 2022


                Dhamayanthi                                          ... Petitioner

                                                           Vs.,

                1.The District Registrar,
                  Office of the District Registrar,
                  Madurai South, Madurai District.

                2.Syed Ibrahimsha                                    ... Respondents

                PRAYER: Petition filed under Article 226 of the Constitution of India to issue a
                Writ of Certiorari to call for the records relating to the impugned proceedings in
                Na.Ka.No.4231/A2/2022 dated 01.07.2022 of the first respondent herein and
                quash the same.


                                        For Petitioner      : Mr.T.Pon Ramkumar

                                        For Respondents     : Mr.M.Siddarthan (for R1)
                                                             Additional Government Pleader
                                                              Mr.B.A.Muruganantham (for R2)




                1/4
https://www.mhc.tn.gov.in/judis
                                                                                       W.P(MD).No.18369 of 2022


                                                        ORDER

The writ petition has been filed challenging the impugned notice issued

by the first respondent in his proceedings in Na.Ka.No.4231/M2/2022, dated

01.07.2022.

2. The case of the petitioner is that the second respondent has given a

complaint before the first respondent to cancel the document registered in favour

of the petitioner in respect of the property comprised in Survey No.142/3 and 13 at

Tirumangalam, Madurai District, in the year 2006 as forged one. Pursuant to the

powers conferred on the circular order dated 09.07.2021, notice has been issued to

the petitioner. Challenging the same, the petitioner is before this Court.

3. This aspect has been elaborately dealt by this Court in W.P.No.29706

of 2022 [G.Rajasulochana Vs. Inspector General of Registration and others].

Further, the Hon'ble Supreme Court in the case of Satya Pal Anand v. State of

M.P., reported in (2016) 10 SCC 767 has held that power conferred on the

Registrar by virtue of Section 68 cannot be invoked to cancel the registration of

the document already registered. Now, Section 77(A) inserted under Registration

Act is also struck down by the Hon'ble Division Bench of this Court in W.P.No.

10291 of 2022 batch.

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

4. In view of the above judgment, as the Registrar Office has no power to

go into the issue to decide the title by way of circular order issued under Section

68(2) of the Registration Act, the Writ Petition is misconceived and accordingly,

the order impugned in Na.Ka.No.4231/A2/2022 dated 01.07.2022 passed by the

first respondent is hereby quashed and this Writ Petition is allowed. It is to the

parties to agitate their right before the civil Court. No costs. Consequently,

connected Miscellaneous Petitions are closed.

                                                                                                 13.08.2024
                NCC                 : Yes/No
                Index               : Yes/No
                Rmk


                To

                The District Registrar,
                Office of the District Registrar,
                Madurai South, Madurai District.





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



                                    N.SATHISH KUMAR, J.

                                                            Rmk









                                                   13.08.2024





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