WP/11928/2026 of K.N.DURGABAI Vs The Inspector General of Registration

WP No. 11928 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE WP No. 11928 of 2026 K.N.Durgabai ..Petitioner(s) Vs 1. The Inspector General of Registration No 100, Santhome High Road, Chennai 600 028. 2. The Deputy Registrar, Chengalpattu zone, No A49/1 Azhakesan Nagar, G.S.T.Road, Chengalpattu 603 001 3. The District Registrar District register office No 10 Kanchipuram Main Road, Chenglapattu 603 002 4. The sub Registrar Sub Registrar office, Sriperumbudur, Kanchipuram District 5. D. Gandhimathi ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of Indi a seeking for issuance of a writ of mandamus to direct the 3rd respondent / District Register to consider the petitioner representation dated 13.02.2026 and conduct an enquiry with respect to the fraudulently executed sale D eed dated 20.09.2002 registered as Document No.4405 of 2002 on the file of the Sub https://www.mhc.tn.gov.in/judis WP No. 11928 of 2026 __________ Page2 of 4 Registrar, Sriperumbudur, and after affording opportunity to the partie s concerned, pass appropriate orders. For Petitioner(s): Mr.A.K.Rajaraman For Respondent(s): Mr.U.Baranidharan, SGP (R1 to R4) ORDER The petitioner seeks for cancellation of a sale deed dated 20.09.2002 through this writ petition, which, according to the petitioner, is a fraudulent sale deed obtained by the fifth respondent in her favour. 2. According to the petitioner, when the petitioner’s mother was on her death bed, the fifth respondent, who was only a cultivating tenant, had fraudulently obtained a sale deed in her favour on 20.09.2002 registered as Document No.4405 of 2002. 3. The law is now well settled by various decisions rendered by this Court that the Registration Department cannot cancel the registered docume nt wherever adjudication of title is required. In the case on hand, the petitioner claims that the sale deed dated 20.09.2002 referred to supra was fr audulently obtained by the fifth respondent from her mother, while she was in her death bed. https://www.mhc.tn.gov.in/judis WP No. 11928 of 2026 __________ Page3 of 4 4. The contentions of the petitioner as raised in this writ petiti on with regard to the fraudulent execution of sale deed dated 20.09.2002 in favour of the fifth respondent require oral and documentary evidence. The Registrat ion Department cannot adjudicate whether the sale deed dated 20.09.2002 was executed fraudulently or not, and the same can be adjudicated only by a competent civil court by considering the oral and documentary evidence le t in by both the parties. Therefore, in view of the settled law, thi s Court is not entertaining this writ petition, and accordingly, this writ petiti on is disposed of by granting liberty to the petitioner to approach the competent civi l court to seek the relief as prayed for in this writ petition. No Cost. W.M.P.No.13015 of 2026 is closed. 01-04-2026 Neutral Citation: Yes/No RKM To 1. The Inspector General of Registration No 100, Santhome High Road, Chennai 600 028. 2. The Deputy Registrar, Chengalpattu zone, No A49/1 Azhakesan Nagar, G.S.T.Road, Chengalpattu 603 001 3. The District Registrar District register office No 10 Kanchipuram Main Road, Chenglapattu 603 002 4. The sub Registrar Sub Registrar office, Sriperumbudur, Kanchipuram District https://www.mhc.tn.gov.in/judis WP No. 11928 of 2026 __________ Page4 of 4 ABDUL QUDDHOSE, J. RKM WP No. 11928 of 2026 01-04-2026 https://www.mhc.tn.gov.in/judis