IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.03.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.28869 of 2010 B.Shanmugasundaramurthy ... Petitioner Versus 1.The Sub Registrar, Office of the Sub Registrar, 17 A, TMS Complex, Narasipuram Road, Thondamuthur, Coimbatore-641 016. 2.The District Register, Office of the District Registrar, Collector Office compound, State Bank St., Coimbatore-641 018. ... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India praying to issue writ or direction particularly Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 20.09.2010. For Petitioner : Mr.C.Venkatesan for M/s.R.Murugabharathi For Respondents : Mr.S.Sivashanmugam, G.A. ORDER The petitioner has come to this Court by filing the writ petition seeking a Mandamus directing the respondents to consider the petitioner's representation dated 20.09.2010 and pass order on merit. 2.The petitioner claiming to be the owner of plot nos.31, 32, 33 as per LP/R (CN) No.127/85 – Plots Layout plan approved by the Senior Deputy Director of Town and Country Planning, Coimbatore-Periyar- Nilgris Region, Government of Tamilnadu and as per Document No.1592 of 2005 dated 20.05.2005 registered with the office of Sub Registrar, Thondamuthur as come to this Court with the prayer to issue writ of Mandamus to consider his representation dated 20.09.2010 whereby the https://hcservices.ecourts.gov.in/hcservices/ petitioner has made a request to the Sub-Registrar, the 1st respondent herein to make alterations in registration entries made under Section 55(2) of Registration Act Rules 140 to 146 to avoid double registration and further encumbrance within 7 days from the date of receipt of the notice dated 20.09.2010. 3.According to the petitioner, the petitioner purchased three house plots, namely, Plot Nos.31, 32 and 33 on 20.05.2005 from one Mr.V.Shanmugasundaram from Coimbatore Registration District, Thondamuthur Sub Registration District for the purpose of construction of residential buildings. After the registration, the petitioner is said to have fallen ill. Therefore, after getting recovered from his health problems on 08.11.2009, on making personal visit to the site, he had found construction of residential buildings in his own plots. On further verification, the petitioner came to know that one N.P.Suresh of Coimbatore, N.Magesh Kumar of Coimbatore and S.Sathish Saravanan and Roopa Prabakar of Coimbatore have started encroaching the petitioner's house plots and made construction of residential building without his knowledge. 4.Therefore, the petitioner immediately issued notice to all the people who were in illegal possession of his property, namely, the plot nos.31, 32 and 33 claiming his possession. The above mentioned persons denied access to the petitioner showing their documents of ownership created in their name with regards to the sale agreements and other documents related to. Subsequently, the petitioner with great pain had access to the documents in possession of the other encroachers who subsequently claimed to be the owner of his own plot nos.31, 32 and 33. When the documents has been detected from the Revenue records of the Veerakeralam Village, Thondamuthur Sub Registrar Office, the same were found to be created in their names creating fake title and ownership of the house plots and further the petitioner came to know that dual registration was made in the name of two different persons for three different properties. 5.But when the petitioner has purchased the properties on 20.05.2005 from one Mr.V.Shanmugasundaram by executing a valid Sale Deed for valuable consideration, there cannot be one more registration. Therefore, the petitioner has made a representation dated 20.09.2010 seeking to make alterations in registration entries made under Section 55(2) of Registration Act Rules 140 to 146 to avoid double registration and further encumbrance within 7 days from the date of receipt of the notice dated 20.09.2010, but no response came from the respondents. Hence the petitioner has come to this Court seeking a Mandamus to consider his representation dated 20.09.2010. 6.In reply, the learned Government Advocate appearing for the respondent submits that this Court cannot give any direction, much less any observation in favour of the petitioner for considering his https://hcservices.ecourts.gov.in/hcservices/ representation for the reason that whether the petitioner is the owner or the other persons namely, N.P.Suresh of Coimbatore, N.Magesh Kumar of Coimbatore and S.Sathish Saravanan and Roopa Prabakar of Coimbatore are the owners are to be gone to by the Civil Court before carrying out alterations in the records of the Sub-Registrar. Otherwise, it will amount to effecting Unilateral Sale Deed by the Sub-Registrar, 1st respondent herein. 7.In support of his submission he has also relied upon a judgment of the Hon'ble Full Bench in W.A.Nos.592 and 938 of 2009 dated 11.02.2011 wherein, the Hon'ble Full Bench by holding the order passed by a learned Single Judge of this Court as proper made it clear that no unilateral cancellations of Sale Deed can be registered for the reason that any unilateral cancellation of sale deeds without the express consent of the parties to the documents has no existence in the eye of law, for, once a sale is made absolute by transfer of ownership of the property from the vendor to the purchaser, such transfer cannot be annulled or cancelled by the vendor by executing a deed of cancellation unilaterally. 8.Therefore, the ratio laid down by this Court in the above mentioned Full Bench judgment will answer the issue raised in the present writ petition against the petitioner. In view of the same, the prayer sought for is not legally sustainable. Accordingly, the writ petition is dismissed. However, it is open to the petitioner to approach the Civil Court for appropriate relief if he is so advised. 9.With this observation, the writ petition is dismissed. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar pri To 1.The Sub Registrar, Office of the Sub Registrar, 17 A, TMS Complex, Narasipuram Road, Thondamuthur, Coimbatore-641 016. https://hcservices.ecourts.gov.in/hcservices/ 2.The District Register, Office of the District Registrar, Collector Office compound, State Bank St., Coimbatore-641 018. 1 cc to Mr.R.Murugabharathi, Advocate, Sr.No.15153 1 cc to Government Pleader, Sr.No.15380 W.P.No.28869 of 2010 BS {CO} TP/29.4.2011. https://hcservices.ecourts.gov.in/hcservices/