Madras High Court
Shree Devi V.S vs Deputy Inspector General Of ... on 24 September, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
WP(MD). No.12778 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 24/09/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.12778 of 2023
and WMP(MD) Nos.10786 and 10787 of 2023
Shree Devi V.S ... Petitioner
Vs
1. Deputy Inspector General Of Registration,
Office of the Deputy Inspector General of Registration,
Ramnad Zone, Vandikaran Salai, Ramnad.
2. The District Registrar,
Office of the District Registrar,
Virudhunagar District.
3. Sub-Registrar,
Sub-Registration Office, Sivakasi,
Virudhunagar District.
4. Rajkumar.R,
S/o Ramar, 82, Kaspa Palayapatti, Malli
Village, Srivilliputhur Taluk,
Virudhunagar District. ... Respondents
PRAYER :- Writ Petition filed under Article 226 of Constitution of
India, praying this Court to issue of Writ of Certiorarified Mandamus
calling for the records relating to the impugned order passed by the 1st
1/5
https://www.mhc.tn.gov.in/judis
WP(MD). No.12778 of 2023
respondent in his proceedings Na.Ka.No. 727/A1/2023 dated 17.03.2023
confirming the order passed by the 2nd respondent in his proceedings
Na.Ka.No. 1142/A4/2022 dated - nil- 07.2022 signed on 27.07.2022 and
to quash the same and consequentially directing the respondents 1 to 3 to
cancel the documents viz., sale deed dated 18.09.1971 in Doc.No.
2473/1971, General Power of Attorney dated 08.12.2008 in Doc.No.
4.1044/2008, Sale deed dated 08.12.2008 in Doc.No.8949/2008 and sale
deed dated 19.08.2021 in Doc.No.7357/2021.
For Petitioner : M/s. Jessi Jeeva Priya P,
For Respondent : Mr.C.Satheesh for R1 to R3
Government Advocate
Mr.S.M.Anantha Murugan for R4
ORDER
The writ petition has been filed challenging the impugned order of
the 1st respondent dated 17.03.2023 and to direct the directing the
respondents 1 to 3 to cancel the documents viz., sale deed dated
18.09.1971 in Doc.No.2473/1971, General Power of Attorney dated
08.12.2008 in Doc.No.4.1044/2008, Sale deed dated 08.12.2008 in
Doc.No.8949/2008 and sale deed dated 19.08.2021 in Doc.No.
7357/2021.
https://www.mhc.tn.gov.in/judis
2. It is the case of the petitioner that she has given a complaint
before the 2nd respondent to cancel the document executed by the private
respondent. It is her case that a suit was originally filed by one
Ramasamy against one Pasupathy for recovery of money in OS No.
45/1971. During the pendency of the money suit, the judgment debtor
has sold the property to one Ramalakshmi on 13.09.1971. Thereafter, the
property was brought in Court auction and sold in a Court auction on
23.09.1972. One Subbiah has purchased the property in the Court auction
and petitioner has purchased the property from the said Subbiah. In the
meanwhile, in the year 2008, Ramalakshmi obtained power of attorney
from the legal heirs of the original owner Pasupathy and dealt with the
property. Therefore, the petitioner has given a complaint to cancel the
document. However, the 2nd respondent has rejected the claim of the
petitioner relegating the parties to approach the civil Court. On appeal,
the first respondent has confirmed the said order. Challenging the same,
the petitioner is before this Court.
3. I have considered the rival submissions and perused the
materials available on record.
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4. At the outset, this Court is of the view that the order impugned
does not require any interference. It is seen that the very Section 77(A)
inserted under Registration Act is struck down by the Division Bench of
this Court in W.P.No.10291 of 2022 batch. The issue is with regard to
title. As the authorities have no power to go into the title issue, they have
no power to cancel the documents as per as per Satya Pal Anand v. State
of M.P.[ 2016 10 SCC 767] and G. Rajasulochana v Inspector General
made in W.P 29706 of 2024 dated 16.04.2024. Accordingly, the writ
petition is 0dismissed. No costs. Consequently connected Miscellaneous
Petitions are closed.
24.09.2024
RR
TO
1. Deputy Inspector General Of Registration,
Office of the Deputy Inspector General of Registration,
Ramnad Zone, Vandikaran Salai, Ramnad.
2. The District Registrar,
Office of the District Registrar,
Virudhunagar District.
3. Sub-Registrar,
Sub-Registration Office, Sivakasi,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR,J
RR
ORDER
IN
Date : 24/09/2024
https://www.mhc.tn.gov.in/judis
