Madras High Court
Valliammal vs The Inspector Of Registration ... on 12 February, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.3749 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.3749 of 2025
Valliammal
W/o.Pandurangan ... Petitioner
Vs.
1. The Inspector of Registration Department,
No.100, Santhome Highways Road,
Chennai – 600 028.
2. The District Registrar,
O/o.District Registrar,
Cuddalore District.
3. The District Registrar,
O/o.District Registrar,
Virudhachalam,
Cuddalore District.
4. The Sub-Registrar,
O/o. Thozhdur Registrar of Office,
Cuddalore District.
5. Dhanavel
S/o.Kandasamy
6. Pandian
S/o.Duraisamy
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Writ Petition No.3749 of 2025
7. Kavitha
W/o.Kannan
8. Mala
W/o.Muniapillai
9. Baskar
S/o.Ramalingam
10.Chinnasamy
W/o.Perumal
11.Ponnusamy
S/o.Ramasamy Konar
12.Kolanchi
W/o.Dhanavel
13.M.Rajavelu ... Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus directing the respondents
1 to 4 to cancel the Will executed by Alameluammal in favour of fifth
respondent and also subsequent sale deed issued in favour of the
respondents 6 to 13 1) dated 08.02.1991 in Document No.4/1991 in Will,
2) dated 05.06.2002 in Document No.368 of 2002 in Sale deed executed
in favour of Chinnasamy by Kavitha and Mala, 3) dated 30.01.2003 in
Document No.25/2003 in Sale Deed executed in favour of Ponnusamy by
Pandiyan and Regupathi, 4) dated 07.06.2024, document No.379/2004 in
Sale deed in favour of Rajavelu by Kavitha and Mala, 5) dated
20.03.2013 in Document No.201/2013 in Sale deed in favour of Kolanchi
by Rajavelu, 6) dated 25.10.2021 in Document No.1018/2021 in Sale
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Writ Petition No.3749 of 2025
deed in favour of Baskar by Pandiyan based on the representation of the
petitioner dated 03.01.2024 within stipulated time as may be fixed by this
Court.
For Petitioner : Mr.M.Senthil Kumar
For Respondents : Mr.M.Shahjahan
Special Government Pleader [R1 to R4]
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the respondents 1 to 4 to cancel the Will dated
08.02.1991 registered as document No.4/1991 by considering the
representation made by the petitioner on 03.01.2024.
2. Heard Mr.M.Senthil Kumar, learned counsel for petitioner
and Mr.M.Shahjahan, learned Special Government Pleader appearing for
respondents 1 to 4.
3. In the considered view of this Court, the District Registrar
does not have the power to cancel any document since this Court has
struck down Section 77-A of the Registration Act, 1908, in the judgment
in M.Kathirvel and others v. Inspector General of Registration [2024
(4) CTC 769]. That apart, it is seen that based on the Will, various
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subsequent transactions have taken place and all those documents have
been registered. Therefore, the petitioner, instead of wasting her time
before the registering authorities, can seek relief before the competent
civil Court and work out her remedy. Except giving this clarity, no
further orders can be passed in this writ petition.
This writ petition is disposed of in the above terms. No costs.
12.02.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
To
1. The Inspector of Registration Department
No.100, Santhome Highways Road
Chennai – 600 028
2. The District Registrar
O/o.District Registrar, Cuddalore District
3. The District Registrar
O/o.District Registrar
Virudhachalam, Cuddalore District
4. The Sub-Registrar
O/o. Thozhdur Registrar of Office
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Cuddalore District.
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N.ANAND VENKATESH, J
gm
12.02.2025
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