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2026 Supreme(Online)(Mad) 24674

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhose, J
Jain Bee – Appellant
Versus
District Registrar Kallakurichi District – Respondent
Writ Petition No. 45398 of 2025



Advocates:
For the Appellants/Petitioners: Mr.V.Achuthnanthan
For the Respondents: Mr.U.Baranidharan, SGP for R1 & R2, Mrs.C.Meera Arumuga, AGP for R3

The Registration Department lacks authority to cancel registered documents; petitioners must approach civil courts for such matters.

Headnote:This judgment discusses the jurisdictional limits of the Registration Department concerning the cancellation of registered documents. The Court references the Division Bench's ruling that Section 77-A of the Registration Act, which purportedly confers this power, was struck down due to violations concerning fraudulent registrations. The conclusion indicates the need for the petitioner to seek redress in a competent civil court regarding the cancellation of the sale deed.

Table of Content
1. petition filed for cancellation of sale deed. (Para 1)
2. court observes registration department's limitations. (Para 2)
3. writ petition disposed; seek civil court. (Para 3)

ORDER

This writ petition has been filed seeking for a direction to the second respondent to consider the petitioner’s representation dated 26.07.2025 requesting to cancel the sale deed.

2. This Court has consistently held that the Registration Department does not have the power to cancel the registered document. Division Bench of this Court has also struck down Section 77-A of the Registration Act empowering the respondents to cancel the registered document, in case the said registered document is found to be fraudulently registered.

3. In view of the settled law, the prayer sought for in this writ petition cannot be entertained by this Court. If at all the petitioner seeks to cancel the registered sale deed, the petitioner will have to necessarily approach the competent civil court. Accordingly, this writ petition is disposed of by granting liberty to the petitioner to approach the competent civil court seeking for cancellation of the sale deed. No Costs.

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