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2026 Supreme(Online)(Mad) 16553

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
V.Suresh S/o.Varadhan – Appellant
Versus
The District Collector Ranipet, Ranipet District – Respondent



Advocates:
For the Appellants/Petitioners: M.Senthamizh Selvan
For the Respondents:Mr. P. Harish, Government Advocate

Only a Civil Court can cancel registered documents, not the Registration Department.

Headnote:The cancellation of registered documents under Section 77-A of the Registration Act can only be done by a Civil Court, as established by a Division Bench judgment. The petitioner filed a writ petition seeking cancellation through the Registration Department; however, this approach is not maintainable. The petitioner retains the right to approach the Civil Court if aggrieved. The court dismissed the petition with directions.

Table of Content
1. petitioner's request for cancellation of registered document. (Para 1)
2. civil court is the appropriate jurisdiction for cancellation. (Para 2 , 3)
3. petitioner retains the right to pursue legal remedy. (Para 4)

15.12.2025 to conduct an enquiry For Petitioner(s): M.Senthamizh Selvan For Respondent: Mr. P. Harish, Government Advocate ORDER This writ petition has been filed to direct the second respondent to pass final orders on the petitioner’s representation dated 15.12.2025, seeking for cancellation of the registered document standing in the name of the sixth respondent.

2. The law is now well settled that any registered document can be cancelled only by a Civil Court and not by the Registration Department. Section 77-A of the Registration Act, which earlier enabled the Registration Department to cancel the registered documents, has also been held to be unconstitutional by the Division Bench of this Court. In view of the same, the prayer sought for in this writ petition cannot be granted by this Court. The only remedy for the petitioner, who is seeking for cancellation of a registered document is only to approach the concerned Civil Court and not through this writ petition filed under Article 226 of the Constitution of India.

3. Hence, the representation dated 15.12.2025 given to the second respondent, which is the subject matter of this writ petition, is not maintainable as the Civil Court alone has got the power to cancel any registered document.

4. For the foregoing reasons, this writ petition is disposed of by granting liberty to the petitioner to approach the Civil Court concerned if the petitioner is aggrieved by the execution of the registered document in favour of the sixth respondent. No Costs.

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