WP(MD)/23372/2022 of Thalavai.K Vs The Inspector General of Registration - Madras High Court (Madras High Court)

W.P.(MD)No.23372 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED  : 20.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 
W.P.(MD)No.23372 of 2022
K.Thalavi
    
   
... Petitioner
                                          
 Vs.
1.The Inspector General of Registration,
   Registration Department, 
   No.100, Santhome High Road,
  Chennai-600028.
2.The Deputy Inspector General of Registration,
   Registration Department, 
   Thirumohur Road, Othakadai, 
   Madurai.
3.The District Collector,
   Collectorate Campus, Dindigul.
4.The District Registrar (Administration),
   Registration Department, 
  Collectorate Campus, Dindigul.
5.The Sub-Registrar,
   Sub-Registrar Office, 
   Kannivadi, Dindigul District.
6.K.Prabhakaran
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W.P.(MD)No.23372 of 2022
7.Balasubramanian
8.Jayaraj
.... Respondents
PRAYER:  Writ Petition is filed under Article 226 of the Constitution of India, 
praying for the issuance of a Writ of Mandamus, directing the 4th respondent to 
take appropriate action on the Letter No.2316/U4/2021 dated 29.07.2021 by the 1st 
respondent and consequently direct the respondents 1, 2 and 4 to cancel the 
documents Doc.No.1036 of 1995 and Document No.211 of 1996 stands in the 
name of the respondents 6 and 7 and pass such further or other orders.
  
For Petitioner
:  Mr.V.Muthumani
For Respondents
:  Mr.P.Subbaraj,
   Spl. Govt. Pleader for R1 to R5
   Mr.M.Dinesh Kumar for R7
   No Appearance for R6 & R8
O R D E R
This Writ Petition has been filed seeking direction to the 4th respondent 
to take appropriate action on the Letter No.2316/U4/2021 dated 29.07.2021 by the 
1st respondent and consequently direct the respondents 1, 2 and 4 to cancel the 
documents Doc.No.1036 of 1995 and Document No.211 of 1996 stands in the 
name of the respondents 6 and 7 and pass such further or other orders.
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W.P.(MD)No.23372 of 2022
2. Heard  the learned counsel  for the petitioner, the learned  Special 
Government Pleader appearing for the respondents 1 to 5 and the learned counsel 
appearing  for the seventh  respondent  and  perused  the materials available on 
record.
3. It is the case of the writ petitioner that the subject property are the 
ancestral property.    The revenue records stand in the name of the petitioner's 
grandfather and his legal heirs.  While so, the agriculture land of the petitioner's 
land has been taken on lease by the respondents 6 to 8 to grow teak plantation.  All 
of a sudden, the patta has been wrongly changed in the name of the respondents 6 
to 8.  In the said patta, the petitioner's land has also been included.  Therefore, the 
petitioner made a representation dated 07.07.2021 to the respondents 1 to 3 to 
cancel the document stands in the name of respondents 5 and 6.  On receipt of the 
same, the first respondent vide letter dated 29.07.2021, directed the 4th respondent 
to take appropriate steps on the petitioner's representation.  Since the same was not 
considered by the respondents, the petitioner has filed this Writ Petition.
4. The respondents have not filed their counter affidavit.
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W.P.(MD)No.23372 of 2022
5. Considering the facts and circumstances of the case, this Court is of 
the  view  that  the  Registering  Authority  has  no  power  to  go  into  all  these 
transactions.  In  Satya Pal Anand vs. State of Madhya Pradesh and others 
reported in (2016) 10 SCC 767, the Hon'ble Supreme Court 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.  Sections 22-A and 22-B were 
inserted by Tamil Nadu Act 28 of 2022 and Act 41 of 2022 respectively to prevent 
registration of certain category of the documents. Thereafter, Section 77-A has 
been brought by Act 41 of 2022 to cancel the document registered in contravention 
of Sections 22-A and 22-B not beyond it.  Now Section 77-

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