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2026 Supreme(Online)(Mad) 42091

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
R.R.Padmanabhan – Appellant
Versus
Inspector General of Registration – Respondent
WP(MD)No.13659 of 2026|WMP(MD)Nos.10170 and 10171 of 2026



Advocates:
For the Appellants/Petitioners: S.Modharshini
For the Respondents: A.Baskaran

The Sub-Registrar has no power to enquire into or cancel previously registered documents; however, they must accept and maintain objector's records to conduct due, lawful inquiry should any further documents concerning the property be presented for registration.

Headnote:The petitioner challenged an order rejecting objections to property registration, seeking a direction to authorities to prevent fraudulent registration of the subject property by submitting fresh supporting documents. The petitioner claimed ownership of the property, alleging fraudulent third-party claims. The Court observed that while the Sub-Registrar lacks the power to cancel previously registered documents under the Registration Act, 1908, the petitioner may file objections for future reference. The issue before the Court was whether the authority is mandated to consider fresh objections supported by documentation despite previous rejections. The court held that while authorities cannot prevent the presentation of documents or set aside past registrations, they are bound to keep subsequent objections on file and conduct due inquiry if and when any future document is presented for registration. The Writ Petition is disposed of with directions to the respondents to keep the objections on file and conduct due inquiry in accordance with law upon future presentations of documents.

Table of Content
1. petitioner seeking consideration of objections regarding fraudulent property registration. (Para 1 , 2)
2. registration authorities must archive property objections for future inquiry, acknowledging limits of their statutory powers. (Para 3 , 4)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30.04.2026 CORAM THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY WP(MD)No.13659 of 2026 and WMP(MD)Nos.10170 and 10171 of 2026 R.R.Padmanabhan ... Petitioner Vs.

1. The Inspector General of Registration, Registration Department, Chennai.

2. The Deputy Inspector General of Registration, Office of the Deputy Inspector General of Registration, Ramanathapuram, Ramanathapuram District.

3. The District Registrar, Office of the District Registrar, Sivagangai District.

4. The Joint Sub-Registrar No.II, Office of the Joint Sub Registrar, Sivagangai District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for records and quash the order dated 07.05.2025 bearing No.

149/2025 issued by the 4th respondent and direct the respondents to consider the petitioner's objection petition dated 27.03.2026 along with all supporting documents, direct the respondents to prevent any fraudulent registration or patta transfer in respect of the subject property.

For Petitioner : M/s.S.Modharshini For Respondents : Mr.A.Baskaran, Additional Government Pleader

ORDER

The writ petition is filed with a prayer to quash the order dated

07.05.2025 and consequently to direct the respondents to consider the petitioner's objection dated 27.03.2026, which is now submitted with all the supporting documents and to prevent further fraudulent registration in respect of the subject property.

2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the case of the petitioner is that the petitioner is the owner of the property contained in old S.No.88/254A1A, new S.No.88/252A1A, situated at Paiyur Pillaivayal Group, Sivagangai District; third parties are fraudulently registering the document in respect of the same. When the petitioner presented the above objections, the same were rejected on the ground that the petitioner did not file any supporting documents, and as a matter of fact, already one document was also registered. However, the petitioner has now enclosed all the supporting documents and made the objections. The prayer is to consider the same.

3. The power under Section 77-A of the Registration Act, 1908, is no more available to the Sub Registrar. With reference to the documents which are already registered, there is no power for the Sub Registrar to enquire into the same. Even the Sub Registrar cannot prevent any person from presenting the document. It is for the petitioner to approach the competent civil Court and obtain such relief in respect thereof. However, the petitioner is entitled to place on record their objections for the presentation of any document. Earlier, when the petitioner's objections were considered, it was seen that the petitioner did not enclose any supporting documents. Now it is submitted that the petitioner has once again sent the objections along with supporting documents. Therefore, the same shall be kept on file and as and when any further document is presented, due enquiry in that regard in the manner known to law shall be conducted.

4. With the above observations and directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 30.04.2026 sji NCC: No To

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