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Madras High CourtWP/3132/2024disposed of

S.Revathi v. The District Registrar,

2024-02-13Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.3132 of 2024 S.Revathi ... Petitioner Vs.

1. The District Registrar District Registrar Office District Collector Office Coimbatore - 641 018

2. The Sub Registrar Singanallur Sub Registrar Office Vellaloor, Coimbatore - 641 111

3. Mrs.Marathal

4. Mrs.Vijaya ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to initiate appropriate action against the 4th and 5th respondents to cancel the forged document viz., Settlement Deed dated 08.07.2021 registered as Document Nos.7629 of 2021 and 7630 of 2021 by considering the petitioner's representation dated 26.08.2022 and 30.08.2022. For Petitioner : Mr.S.Nedunchezhiyan 1/4

For R1 and R2 : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents 1 and 2 to initiate appropriate action against the 4th and 5th respondents to cancel the forged document viz., Settlement Deed dated 08.07.2021, registered as Document Nos.7629 of 2021 and 7630 of 2021 by considering the petitioner's representations dated 26.08.2022 and 30.08.2022.

2. The relief sought for in this petition falls under Section 77-A of the Registration Act. This Court has already stayed the enquiry under Section 77A of the Act in view of the divergent decisions of the learned single Judges of this Court and now, Larger Bench has been constituted to settle the issue. Since the Larger Bench of this Court has seized of the matter and until the Larger Bench settle the issue, this Court is not inclined to give any direction to the official respondents to conduct enquiry under Section 77-A of the Act. The petitioner can either wait till the outcome of the decisions of the Larger Bench or he can approach the Civil Court for appropriate remedy.

3. With the above observations, this Writ Petition is disposed of at the 2/4

admission stage itself. No costs.

13.02.2024 ksa-2 Index : Yes / No To

1. The District Registrar District Registrar Office District Collector Office Coimbatore - 641 018

2. The Sub Registrar Singanallur Sub Registrar Office Vellaloor, Coimbatore - 641 111 3/4

P.VELMURUGAN. J.

Ksa-2 13.02.2024 4/4