Madras High Court
WP(MD)/10828/2026 of Mahendran Vs The District Registrar on 28 October 2026
WP(MD) No. 10828 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MR. JUSTICE K.KUMARESH BABU
WP(MD) No. 10828 of 2026
CNR:{HCMD010497352026}
Mahendran
..Petitioner(s)
Vs
1. The District Registrar,
District Registration Department,
District Registrar Office,
Balaganapathy Nagar,
Thanajavur District.
2. The Sub Registrar,
Pappanadu Sub Registration Office,
Orathanadu Taluk,
Thanjavur District.
3. Sudha
4. R.K.Arjuna
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the petitioner’s representation dated 04.03.2026.
For Petitioner
:Mr.M.Sridharan
For R1 and R2
:Mr.I.Pinaygash
Special Government Pleader
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WP(MD) No. 10828 of 2026
ORDER
The present Writ Petition has been filed in the nature of a Writ of Mandamus seeking for a direction to the official respondents to consider the representation of the petitioner, dated 04.03.2026.
2. Heard the learned Counsel on either side.
3. A perusal of the representation submitted by the petitioner would indicate that the petitioner had sought to cancel a document that had been registered in document bearing Nos.67/2005 and 27/2011, which were executed by the private respondents.
4. The issue on hand is no more res integra, as the Hon'ble Division Bench of this Court in the case of M.Kathirvel and others v. the Inspector General of Registration and others reported in 2024 (4) CTC 769, struck down Section 77A of the Registration Act, which had previously empowered the District Registrar to unilaterally cancel registered sale deeds or property documents. In such circumstances, this Court is of the view that a Mandamus to consider the representation of the petitioner to cancel the document could not be issued. However, the petitioner is at liberty to approach the competent civil Court.
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WP(MD) No. 10828 of 2026
5. Further, it is the claim of the petitioner that the subject property was purchased by the petitioner in a bank auction and for recovering possession of the property, execution petition is also pending and in view of the subsequent documents, that had been created, it is difficult for the petitioner to proceed with the execution petition.
6. It is, however, to be noted that Order 21 of CPC envisage the procedure to deal with the situation, where there are objectors objecting to the execution and in that regard, the petitioner would also be at liberty to take out necessary application to remove the objections in proceeding in the execution petition.
7. With the aforesaid liberty, this Writ Petition stands disposed of. There shall be no order as to costs. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr To
1. The District Registrar, District Registration Department, District Registrar Office, Balaganapathy Nagar, Thanajavur District.
WP(MD) No. 10828 of 2026 K.KUMARESH BABU, J. cmr WP(MD) No. 10828 of 2026 28-10-2026
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