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WP No. 38749 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-04-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 38749 of 2024 and

WMP.No. 41956 of 2024

Mrs.K.Jayashree W/o K.S. Haribabu, No 1931, 1^st Block,

38th Street, Anna Nagar West, Chennai 600 040.

..Petitioner(s)

Vs.

1. The Inspector General of Registration, No 100, Santhome High Road,

Chennai - 600 020.

2. The District Registrar, Office of the District Registration,

Kancheepuram, Kancheepuram - 631 501.

3. The Sub Registrar Office Of The Sub Registrar Thiruvallur,

Thiruvallur 602 001

4. The Thasildar, Office of the Thasildar, Thiruvallur Taluk,

Thiruvallur - 602 001.

5. D.Kumar ..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of certiorarified mandamus, directing the respondents to call for records of the 2^nd Respondent order in proceeding Na.Ka. No 2191 / Aa2 / 2019

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WP No. 38749 of 2024

dated 04.07.2019 and quash the same and direct the 3^rd respondent to restore the previous petitioner sale deed document No. 2364 / 1993 dated 23.06.1993.

For Petitioner(s): Mr.V.Harikrishnan

For Respondent(s): Mr.P.Harish, Government Advocate for R1 to R4

R5 – Not ready in notice

ORDER

This Writ Petition has been filed challenging the order dated 04.07.2019

and quash the same and direct the 3^rd respondent to restore the previous

petitioner sale deed document No. 2364 / 1993 dated 23.06.1993.

2. The learned counsel appearing for the petitioner would submit that

based on the fabricated documents produced by the 5^th respondent and without any notice to the petitioner, the 2^nd respondent passed the present impugned order cancelling the registered sale deed. Further, he would submit that in view of the Section 68(2) as well as 77-A, the respondent Official has no power to cancel the registered document unless otherwise if any order is obtained from

the Civil Court.

3. The learned Government Advocate appearing for the respondents

would submit in view of the regularization laid down by this Court in M.Kathirvel Vs. The Inspector General of Registration and others dated

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02.08.2024 made in W.P.No. 10291 of 2022 etc., batch, the respondent authority has no power to pass order cancelling the registered document under

Section 68(2) as well as 77-A of the Registration Act.

4. Heard the learned counsel appearing for the petitioner as well as the

learned Government Advocate appearing for the respondents 1 to 4.

5. As rightly pointed out by the learned counsel appearing on either side

that the respondent authorities have no power to cancel the registered document without notice to the petitioner in terms of 68(2) & 77-A of the Registration Act as the said provision has already been declared as null and void by this Court in

Kathirvel’s case referred to supra.

6. In such being the case, the issue involved in this writ petition is no

longer res-integra. Therefore, this Court is inclined to set aside the impugned order of cancellation. Accordingly, this Writ Petition is allowed, quashing the impugned order passed by the 2^nd respondent dated 04.07.2019. No costs.

Consequently, connected miscellaneous petition is closed.

10-04-2026 Index: Yes/No

Speaking/Non-speaking order Neutral Citation: Yes/No

KKN __________

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WP No. 38749 of 2024

KRISHNAN RAMASAMY, J.

KKN

To

1. The Inspector General of Registration, No 100, Santhome High Road,

Chennai - 600 020.

2. The District Registrar, Office of the District Registration,

Kancheepuram, Kancheepuram - 631 501.

3. The Sub Registrar Office of the Sub Registrar, Thiruvallur,

Thiruvallur 602 001

4. The Thasildar, Office of the Thasildar,

Thiruvallur Taluk, Thiruvallur - 602 001.

WP No. 38749 of 2024

10-04-2026 __________

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