VIJAYAKUMAR Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) Heard Mrs. P.Jessi Jeeva Priya, Learned Counsel for the Petitioner, Mr. J.Gunaseelan Muthiah, Learned Additional Government Pleader appearing for the First to Third Respondents, Mr. G.A.Nataraj, Learned Counsel for the Fourth Respondent and Mr. M.Prakash, Learned Counsel for the Fifth Respondent through video-conference, and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The Petitioner is the adopted son A.M.Arumugam Nadar and A.Saraswathi Ammal under the Adoption Deed dated 28.10.1992, registered as Document No. 404 of 1992 in the Office of the Sub-Registrar, Tiruvottriyur, entered into between his biological parents and A.Saraswathi Ammal. After the death of his adoptive father, the Petitioner became entitled his estate along with his adoptive mother A.Saraswathi Ammal and A.Saraswathi Ammal executed a General Power Deed dated 01.09.2014 registered as document No. 3946 of 2014 in the Office of the Joint Sub- Registrar No.2, Tirunelveli. Subsequently, the adoptive mother of the Petitioner by a Deed of Cancellation dated 08.10.2014 registered as Document No.3471 of 2014 had unilaterally cancelled the aforesaid General Power Deed dated 01.09.2014 executed in favour of the Petitioner, and she executed a Sale Deed dated 08.10.2014 registered as Document No. 3472 of 2014 in favour of the Fourth Respondent. The adoptive mother of the Petitioner subsequently died on 09.01.2015. The Petitioner, on coming to know about the aforesaid transactions, had made a representation dated 09.09.2015 to the First to Third Respondents seeking to cancel the registration of those documents. The said representation was disposed by the Second Respondent in his order No. 4823/1/2015 dated 24.10.2016 stating that the Petitioner has to work out his remedy before the civil court in that regard. Aggrieved thereby, the Petitioner has filed this Writ Petition challenging the aforesaid order.

(3.) In this regard, reference may be made to the decision of the Hon'ble Supreme Court of India in Satya Pal Anand -vs- State of Madhya Pradesh [(2016) 10 SCC 767], in which it has been held as follows:-