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2026 DAILYLAW 52765 (MAD)

M/s.Adhitya Traders and Promotors, v. The Inspector General of Registration

WP/27913/2026 · 2026-07-16

Krishnan Ramasamy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 27913 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 27913 of 2026 and WMP No.30573 of 2026 M/s.Adhitya Traders and Promoters, Rep. by its Partner K.Karthikeyan, S/o.Kaliaperumal, New No.34/4, Old No.194, Suvarnalok Apartment, Ground Floor Flat no.GD, Melony Road, T.Nagar, Chennai-600 017 ..Petitioner(s) Vs 1. The Inspector General of Registration Department of Registration, 100, Santhome High Road, Chennai-600 028 2. The Sub Registrar Thiyagaraya Nagar, office of the Sro, T.Nagar, Annasalai Road, Nandanam, Chennai-600 035. __________ Page1 of 6 https://www.mhc.tn.gov.in/judis WP No. 27913 of 2026 3. Parthiban Raju S/o.Raju, Residing at No.118/128 Thanikachalam nagar, E Block, Anna 4th Cross Street, Ponniammanmedu, Tiruvallur-600 110 ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Certiorarified Mandamus Calling for the entire records of the 2nd respondent ending with his Refusal Check Slip No.RFL/ Thiyagaraya Nagar/ 41/ 2026 dated 03.07.2026 and quash the same and to direct the 2nd respondent to register the deed of cancellation of the General Power of Attorney dated 03.07.2026 on presentation by the petitioner before the 2nd respondent cancelling the General Power of Attorney dated 28.04.2026 registered as Document No.1226 of 2026 on the file of the 2nd respondent For Petitioner(s): Mr. T.M.Pappiah For Respondent(s): Mr.M.Roshan Atiq Government Counsel for R1 and R2 ORDER The present Writ Petition has been filed challenging the Refusal Check Slip dated 03.07.2026 passed by the 2nd respondent. __________ Page2 of 6 https://www.mhc.tn.gov.in/judis WP No. 27913 of 2026 2. The learned counsel for the petitioner would submit that the petitioner executed a deed of cancellation of the General Power of Attorney dated 03.07.2026, after issuing a notice of cancellation to the third respondent, and presented the same for registration before the second respondent on 03.07.2026. The petitioner produced certified copies of the title deed and the General Power of Attorney, explaining that the original documents were in the possession of the third respondent, who was acting against the petitioner’s interests. Despite the same, the second respondent refused to register the cancellation deed on the ground that the original parent title deed was not produced. Challenging the said refusal, the petitioner has approached this Court with the present Writ Petition. 3. The issue in this writ petition is no longer res-integra and the same has already been considered by a Division Bench of this Court in M/s.Dugars, represented by its Partners Vs., State of Tamil Nadu and Others [W.P.(MD) No.7415 of 2026 etc., batch, dated 23.06.2026], wherein Section 34C of the Registration Act, 1908 has been declared unconstitutional. __________ Page3 of 6 https://www.mhc.tn.gov.in/judis WP No. 27913 of 2026 4. In view of the above, the reasons assigned in the impugned refusal check slip dated 03.07.2026 can no longer be sustained. 5. Accordingly, the Writ Petition is disposed of on the following terms:- (i) The impugned refusal check slip dated 03.07.2026 is set aside. (ii) The petitioner shall re-present the Deed of Cancellation of the General Power of Attorney before the 2nd respondent for registration. Upon such re-presentation, the 2nd respondent is directed to register the same, within a period of one (1) week from the date of re-presentation of the said document. (iii) No costs. Consequently, the connected Miscellaneous Petition is closed. 16-07-2026 Asi __________ Page4 of 6 https://www.mhc.tn.gov.in/judis WP No. 27913 of 2026 To 1. The Inspector General of Registration Department of Registration, 100, Santhome High Road, Chennai-600 028 2. The Sub Registrar Thiyagaraya Nagar, office of the Sro, T.Nagar, Annasalai Road, Nandanam, Chennai-600 035. __________ Page5 of 6 https://www.mhc.tn.gov.in/judis WP No. 27913 of 2026 KRISHNAN RAMASAMY, J. Asi WP No. 27913 of 2026 16-07-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis