Madras High CourtWP/6177/2024disposed of

R.Rajesh v. The District Collector

2024-03-08Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.6837 of 2024 R.Rajesh ... Petitioner Vs.

1 The District Collector, Thiruvallur, Thiruvallur District.

2 The District Registrar, Thiruvallur, Thiruvallur District.

3 The District Registrar Avadi, Sub Registrar, Avadi, Chennai-54.

4 The Revenue Divisional Officer, Avadi Taluk, Chennai-54 5 The Village Administrative Officer, Cherayuncheri.

6. V.N.Devadas

7. P.R.Nandakumar ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to cancel fraudulent document, the power of Attorney dated 04.03.2021 standing in the names of the 6th and 7th respondents, registered as Document No.3896 of 2021 in Survey No.198/8A in the Office of the Sub Registrar, Avadi Chennai based on the reports submitted by 4th respondent in proceedings umu.35/2019 dated 12.02.2019 and 5th respondent dated 12.02.2019.

For Petitioner : Mr.V.Gopinath For R1, R4 & R5 : Mr.T.Arun Kumar Additional Government Pleader For R2 & R3 : Mr.U.Baranidharan Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents 1 to 3 to cancel fraudulent document, the power of Attorney dated 04.03.2021 standing in the names of the 6th and 7th respondents, registered as Document No.3896 of 2021 in Survey

No.198/8A in the Office of the Sub Registrar, Avadi, Chennai based on the reports submitted by 4th respondent proceedings in umu.35/2019 dated 12.02.2019 and 5th respondent dated 12.02.2019.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents and perused the materials available on record.

3. Since no adverse order is passed as against the private respondents, notice to the private respondents/R6 & R7 is dispensed with.

4. Subsequent to the order of this Court, there is an amendment in the Registration Act and Sections 77-A and 77-B have been inserted. Subsequently, there is a divergent view regarding the maintainability/applicability and as to whether the Section was to be applied retrospectively or prospectively. Now, a Larger Bench has been constituted to answer the divergent view of the learned Single Judges of this Court. Hence, this Court has stayed the proceedings under Section

77-A of the Act and referred the matter to the Larger Bench of this Court. Since the subject matter has been seized of by the Larger Bench of this Court, this Court cannot pass any order on merits. The petitioner shall wait till the outcome of the decision of the Larger Bench of this Court, if he is so advised.

5. With the abovesaid direction, The Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

08.03.2024 mfa Index:Yes/No Speaking Order: Yes/No

To 1 The District Collector, Thiruvallur, Thiruvallur District.

2 The District Registrar, Thiruvallur, Thiruvallur District.

3 The District Registrar Avadi, Sub Registrar, Avadi, Chennai-54.

4 The Revenue Divisional Officer, Avadi Taluk, Chennai-54 5 The Village Administrative Officer, Cherayuncheri.

P.VELMURUGAN, J.

mfa and W.M.P.No.6837 of 2024 08.03.2024