WP No. 48287 of 2025 p. 1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-01-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY WP No. 48287 of 2025 D.Soosairaj, S/o.Late.Devasakayam, Cylon Colony B, Keelapuliyur Post, Kunnam Taluk, Permabalur District. ..Petitioner Vs 1. The District Registrar, Office of the District Registrar, Perambalur District. 2. The Sub-Registrar, Office of the Sub-Registrar, Kunnam Taluk, Perambalur District. ..Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to direct the 2nd respondent to cancel the fraudulent gift settlement deed in document No.1/5841/2024 dated 02.12.2024 and sale deed document No.580/2025 dated 12.02.2025 by considering the petitioner’s representation dated 22.08.2025 within the period as stipulated by this Honourable Court. https://www.mhc.tn.gov.in/judis WP No. 48287 of 2025 p. 2 For Petitioner: Mr. S.Atham Ali For Respondents: Mr.U.Baranidharan Spl.G.P. ORDER According to the petitioner, his elder brother, D.Francis, fraudulently executed gift settlement deed dated 02.12.2024 in favour of one Stella. Thereafter, the said Stella executed sale deed dated 12.02.2025 bearing document no.580/2025 in favour of third parties. After submitting representation dated 22.08.2025 seeking cancellation of the above mentioned documents, the present writ petition has been filed. 2. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for both the respondents. He submits that the registering officer does not have the power of cancellation. 3. As submitted by learned Special Government Pleader, after Section 77A of the Registration Act, 1908 was held to be unconstitutional, the registering officer does not have the power of cancellation. Therefore, the request for mandamus cannot be countenanced. By leaving it open to the petitioner to approach the jurisdictional civil court for cancellation of the https://www.mhc.tn.gov.in/judis WP No. 48287 of 2025 p. 3 conveyances referred to in this writ petition, the writ petition is disposed of without any order as to costs. 06-01-2026 Index : Yes/No Internet:Yes/No Neutral Citation : Yes/No kj To 1. The District Registrar, Office of the District Registrar, Perambalur District. 2. The Sub-Registrar, Office of the Sub-Registrar, Kunnam Taluk, Perambalur District. https://www.mhc.tn.gov.in/judis WP No. 48287 of 2025 p. 4 SENTHILKUMAR RAMAMOORTHY, J. KJ WP No. 48287 of 2025 06-01-2026 https://www.mhc.tn.gov.in/judis