R.Senthamizh Selvi v. The District Registrar (Administration)

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.SARAVANAN W.A.No. 427 of 2024 and C.M.P.No.2888 of 2024 R.Senthamizh Selvi ...Appellant Vs.

1.The District Registrar (Administration), Ranipet Registration District, District Collectorate Complex, 'B' Block, 3rd Floor, Barathi Nagar, Ranipet - 632 403.

2.The Sub Registrar, Ammur Road, Walaja - 632 513.

3.R.Amarnath 4.B.Rizwan Parveen 5.K.R.Prakash 6.K.P.Swetha

...Respondents

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PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order passed in W.P.No.28226 of 2023 dated 04.10.2023 and allow the said Writ Petition.

For Appellant : Mr.J.Lakshminarayanan For Respondents : Mr.U.Baranidharan, Spl. Govt. Pleader for RR1 and 2 R3- Died - steps due R4 - No appearance R5 and R6 - Not ready in notice.

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J U D G M E N T

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The writ order dated 04.10.2023 in W.P.No.28226 of 2023 is under challenge in the present Writ Appeal.

2. The writ petitioner is the appellant before this Court. The Writ Petition has been instituted challenging the order dated 21.07.2023 passed by the District Registrar (Administration) under Section 77-A of the Registration Act. Section 77-A of the Registration Act provided adjudicatory power on the District Registrar regrading the validity of the documents registered. The Division Bench of this Court in a batch of Writ Petitions have declared Section 2/5

77-A as null and void and ultra vires to the Constitution. Therefore, the order passed under Section 77-A cannot be sustained. Thus, the remedy lies before the competent civil Court for the purpose of establishing civil rights between the parties.

3. Granting liberty to the parties to workout their remedy in the manner known to law, the Writ Appeal stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (S.M.S., J.) (C.S.N., J.) 02.09.2025 dsa Index :Yes/No :Yes/No Speaking/Non-speaking order 3/5

To:

1.The District Registrar (Administration), Ranipet Registration District, District Collectorate Complex, 'B' Block, 3rd Floor, Barathi Nagar, Ranipet - 632 403.

2.The Sub Registrar, Ammur Road, Walaja - 632 513.

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S.M.SUBRAMANIAM, J.

and C.SARAVANAN, J.

dsa W.A.No. 427 of 2024 02.09.2025 5/5