Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 42288

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
A. Renold – Appellant
Versus
District Registrar – Respondent
W.M.P.(MD)No.9857 of 2026

Advocates:
For the Appellants/Petitioners: A. Parthasarathy
For the Respondents: F. Deepak

A writ of mandamus cannot be issued to cancel registered documents under repealed statutory provisions, and registration of documents by private parties can only be stayed upon obtaining appropriate orders from a civil court.

Headnote:The petitioner sought a writ of mandamus to direct the authorities to cancel the registration of certain documents and prevent further registration of land transactions involving private respondents, relying on a representation dated 16.03.2026. The Court noted that the power of cancellation under the state amendment to the registration law had been declared unconstitutional. Consequently, the Court found the request for cancellation untenable and directed the authorities to treat the representation as an objection to future filings. The main issues addressed were whether a writ of mandamus could issue to cancel registered documents and whether the Registrar could be prevented from registering future documents. The Court held that registration cancellation is a quasi-judicial function no longer supported by the previously contested statutory amendment. Regarding future registration, the Court reasoned that civil remedies, such as interim orders or decrees, are prerequisites for a Registrar to deny registration of documents presented by third parties. The writ petition is disposed of with the direction that the representation be kept on record as an objection to be considered during any subsequent presentation of documents.

Table of Content
1. limitations on administrative power to cancel registered documents and requirements for interfering with registration processes. (Para 1 , 2)
2. disposal of writ petition with instructions to treat representation as a permanent standing objection. (Para 3)

11.Selvarathi .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the representation dated 16.03.2026 and consequentially direct the second respondent to cancel the registration of the documents dated 04.05.2022 bearing No.2602/2022, 2603/2022, 2604/2022, documents dated 10.09.2024 bearing document No.5106/2024, 5107/2024, 5108/2024, 5109/2024 and document dated 16.09.2024 bearing No.5276/2024 and thereby direct the second respondent not to register any further document pertaining t the land measuring to an extent of 10 acres, situated in S.No.

222/1, at Kumaragiri Village, Pudukkottai, Tuticorin.

For Petitioner : Mr.A.Parthasarathy M/s.A.Parthasarathy and Associates For Respondents : Mr.F.Deepak Special Government Pleader for R1 & R2

ORDER

The Writ Petition is filed for a Mandamus, directing the respondents to consider the representation dated 16.03.2026.

2. Upon perusal of the representation, the prayer of the petitioner is to cancel the registration of certain documents. Admittedly, the power under Section 77A of The Registration (Tamil Nadu Amendments ) Act, 2008, is no more available as the same has been declared as unconstitutional by this Court. Therefore, the said prayer in the representation cannot be granted. The second limb of the prayer is not to register any document that is presented by the private respondents. If the petitioner wants to prevent the private respondents from executing any document, the petitioner has to approach the appropriate civil Court and if only any interim order or final decree is granted in favor of the petitioner, thereafter, the Sub Registrar can prevent the private respondents from presenting any document for registration. The only relief that can be granted to the petitioner is that the representation shall be treated as an objection and shall be kept on record and as and when any document is presented, due notice can be given and the enquiry can be conducted.

3. With the aforesaid observations and directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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2026 Supreme(Online)(Mad) 42288

IN THE HIGH COURT OF JUDICATURE AT MADRASD. Bharatha Chakravarthy, JA. Renold – AppellantVersusDistrict Registrar – RespondentW.M.P.(MD)No.9857 of 2026

A writ of mandamus cannot be issued to cancel registered documents under repealed statutory provisions, and registration of documents by private parties can only be stayed upon obtaining appropriate orders from a civil court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
A. Renold – Appellant
Versus
District Registrar – Respondent
W.M.P.(MD)No.9857 of 2026