The Registration Department has no authority to cancel registered documents; such matters must be resolved in civil court.

ORDER

This writ petition has been filed to direct the first respondent to remove all the alleged fake entries made in the office of the Sub Registrar, Chinnamanur, in respect of the property morefully described in the affidavit filed in support of this writ petition.

2. The ultimate relief, the petitioner is seeking through this writ petition is to cancel the registered documents, namely Document Nos.2343 of 2021, 1947 of 2005, 1948 of 2005, 1950 of 2005, 1951 of 2005 and 4324 of 2008.

3. It has been consistently held by the constitutional courts that a prayer for cancellation of documents cannot be granted by the Registration Department. The Division Bench of this Court has also held that Section 77A of the Registration Act, which enables the Registration Department to cancel registered documents, is also “unconstitutional”. Therefore, the grievance of the petitioner, if at all maintainable, can be redressed only by a civil court.

4. Accordingly, this writ petition is disposed of by granting liberty to the petitioner to approach a civil court seeking for the relief as prayed for in this writ petition. No Costs.