Madras High Court
A.Fakrudeen vs The Sub-Registrar on 25 February, 2025
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.Nos.6186 and 6187 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
W.P.Nos.6186 and 6187 of 2025
W.P.No.6186 of 2025
A.Fakrudeen ... Petitioner
Vs.
1. The Sub-Registrar,
Joint III, Salem North,
Salem District.
2. Rahil Sultan Begum ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to
issue a writ of certiorarified mandamus, calling for the records pertaining to
the Refusal Check Slip in Refusal Number: RFL/3 Joint Sub-Registrar,
Salem West/91/2024 dated 19.12.2024 and to quash the same as illegal,
incompetent and ultravires and consequently direct the first respondent to
register the sale deed dated 19.12.2024 executed by me and pass such
further or other orders as this Hon'ble Court may deem fit and proper.
W.P.No.6187 of 2025
A.Fakrudeen ... Petitioner
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W.P.Nos.6186 and 6187 of 2025
Vs.
1. The Sub-Registrar,
Joint III, Salem North,
Salem District.
2. Rahil Sultan Begum ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to
issue a writ of mandamus, directing the first respondent to cancel the deed
of cancellation of power registered in Doc.No.3080/2024 dated 12.11.2024
in the office of the first respondent by restoring the petitioner's Power of
Attorney dated 16.08.2024 registered in Doc.No.2224/2024 and pass such
further or other orders as this Hon'ble Court may deem fit and proper.
In Both Writ Petitions
For Petitioner : M/s.Radhika Boopathi
For R1 : Mr.U.Baranidharan,
Special Government Pleader
COMMON ORDER
The issue involved in both these writ petitions are common and hence
they are taken up together, heard and disposed of through this common
order.
2. W.P.No.6186 of 2025 has been filed challenging the refusal check
slip issued by the first respondent dated 19.12.2024 and for a consequential
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W.P.Nos.6186 and 6187 of 2025
direction to the first respondent to register the sale deed dated 19.12.2024
that was presented for registration by the petitioner in his capacity as the
Power Agent.
3. W.P.No.6187 of 2025 has been filed for a direction to the first
respondent to cancel the deed of cancellation of the Power of Attorney
document dated 12.11.2024 and to restore the original Power of Attorney
dated 16.08.2024 that was executed in favour of the petitioner.
4. Heard M/s.Radhika Boopathi, learned counsel for the petitioner
and Mr.U.Baranidharan, learned Special Government Pleader appearing for
the first respondent.
5. The main grievance that was expressed by the petitioner is that a
Power of Attorney was executed in his name dated 16.08.2024 and
according to the petitioner, this Power of Attorney is coupled with interest.
By acting upon this Power of Attorney, the petitioner had infact settled the
dues payable by the Principal and a sale agreement was also executed by the
petitioner acting upon the Power of Attorney dated 16.08.2024. This Power
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W.P.Nos.6186 and 6187 of 2025
of Attorney came to be cancelled through a Cancellation Deed dated
12.11.2024. This cancellation had taken place without issuing notice to the
petitioner and therefore, the petitioner has questioned the Cancellation Deed
in one writ petition and in the other writ petition, the petitioner has
questioned the refusal check slip that was issued by the first respondent,
refusing to register the sale deed that was presented for registration.
6. In the considered view of this court, there is no requirement for
both parties to be present at the time of the cancellation of the Power of
Attorney document. It will suffice if a notice is given to the agent and
thereafter the Power of Attorney document is cancelled. The only exception
is in cases where the power is coupled with interest. On a careful reading of
the Power of Attorney dated 16.08.2024, this court finds that the power is
not coupled with interest. There seems to be a personal understanding
between the petitioner and the Principal and that cannot be a ground to
assume that the Power of Attorney dated 16.08.2024 is an agency coupled
with interest.
7. As on today, the cancellation of the power through Document dated
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W.P.Nos.6186 and 6187 of 2025
12.11.2024 and which was registered as Document No.3080 of 2024 is
intact. Therefore, the petitioner has lost the capacity as an agent and
consequently, the petitioner cannot execute any document. That apart, the
registering authority does not have the power to cancel any document as
sought for by the petitioner, since Section 77-A of the Registration Act has
already been held to be unconstitutional by this court in the judgment in
“M.Kathirvel -vs- Inspector General of Registration Department of
Registration and others” reported in (2024) 4 CTC 769.
8. In the light of the above discussion, the only option that is left to
the petitioner is to proceed further to seek for the relief of specific
performance based on the sale agreement executed in favour of the
petitioner. If the petitioner is aggrieved by the cancellation of the Power of
Attorney document, it will also be left open to the petitioner to question the
Cancellation Deed before the competent civil court. Except giving this
clarity and liberty, no further orders can be passed in these writ petitions.
9. These writ petitions are disposed of in the above terms. No costs.
25.02.2025
skr
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W.P.Nos.6186 and 6187 of 2025
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation : Yes / No
To
The Sub-Registrar, Joint III,
Salem North, Salem District.
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W.P.Nos.6186 and 6187 of 2025
N. ANAND VENKATESH, J.
skr
W.P.Nos.6186 and 6187 of 2025
25.02.2025
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