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2026 Supreme(Online)(Mad) 16558
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
SHANTHI @ Annakamu – Appellant
Versus
Srinivasan – Respondent
Writ Petition No. not specified
For the Appellants/Petitioners: Mr. M.Dinesh
For the Respondents: Ms.Aswini Devi K, AGP
Competent Civil Court has jurisdiction over cancellation of registered documents, not the High Court under Article 226.
Headnote:The petitioner sought a writ of certiorarified mandamus under Article 226 to quash an order by the Deputy Inspector General of Registration. The court determined that the relief sought could only be granted by a competent Civil Court. The petition was dismissed as withdrawn, with liberty to approach the Civil Court for redressal.
| Table of Content |
|---|
| 1. petitioner sought cancellation of registration. (Para 1) |
| 2. court observes relief must be through civil court. (Para 2) |
| 3. writ petition dismissed as withdrawn. (Para 3) |
Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the records relating to the impugned order passed by the 3rd Respondent vide his Proceedings No.O.Mu.No.5816/E3/2025 dated 03.11.2025 and quash the same as illegal arbitrary and violation to the provisions of the Registration Act, 1908 and consequently direct the 3rd Respondent to conduct a detailed enquiry regarding the fraudulent registration of Document No.1104/2025 dated
24.04.2025 and to take appropriate action to remove the entry from the Encumbrance Certificate (Book1) as it was registered in violation of Section 23 of the Registration Act, 1908, by considering the petitioner’s representation dated 18.10.2025.
For Petitioner(s): Mr. M.Dinesh For Respondent(s): Ms.Aswini Devi K, AGP
ORDER
The learned counsel for the petitioner has made an endorsement in the court bundle seeking for withdrawal of this writ petition with liberty to approach the Civil Court for redressal of her grievance as raised in this writ petition.
2. Admittedly, the petitioner seeks for cancellation of the registered document through this writ petition. The said relief can be granted only by the competent Civil Court, and not by this Court under Article 226 of the Constitution of India.
3. In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn by granting liberty as sought for by the learned counsel for the petitioner. No Costs. W.M.P.No.7185 of 2026 is ordered. W.M.P.No.7187 of 2026 is closed.
