K.R.Venkatesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-04-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. K.R.Venkatesan S/o. Ramachetty, LIG 393 New Housing Board 2 Kattiganapalli, Krishnagiri District 635 002.
2.S Manjunath S/o. Seenapa, 495, Mudukurukki Post, Shoolagiri Taluk, Krishnagiri District 635 001.
Petitioner(s) Vs
1. The District Collector Office Of The District Collector, Krishnagiri District 2.The Inspector General of Registration Office Of The Inspector General Of Registration, Chennai 600 028.
3.The Deputy Inspector General Of Registratio Office Of The Deputy Inspector Geneal Of Registration, 2nd Floor
Combined Registration Campus, Kumaragiri Bye Pass Road, Kailash Manasoravar Kamaraja Nagar Colony, Salem 4.The District Registrar Admin Office Of The District Registrar, Krishnagiri District 635 001.
5.The Sub Registrar Office Of Sub Registration Office, Hosur, Krishnagiri District 6.Shivasankara S/o. T. Timmaiah No. 21 Nanasu 3rd Cross, Manjunatha Extension Bhattarahali Main Road, Virgo Nagar Post, KR Puram, Bangalore, Karnataka 560 049.
7.K Bhakthavachalam S/o. Krishnamurthy No. 24, Flat No.
102 First Floor, Shansur Apartment Gover Road, Cox Town, Bangalore 560 005.
8.Sivappa K S/o. Chinnakondappa, Door No. 1472, Raja Street, Berikai Vilage And Post, Shoolagiri Taluk, Krishnagiri District 9.Rukkkama Alias Rukkumani W/o. K. Sivappa, Door no. 1472 Raja Stret, Berikai Vilage And Post Shoolagiri Taluk, Krishnagiri 10.S Upendra
S/o. K Sivappa, Door no. 1472 Raja Street Berikai Vilage And Post , Shoolagiri Taluk, Krishnagiri District 11.S Naveen S/o K. Sivappa Door No. 1472 Raja Street, Berikai Vilage And Post, Shoolagiri Taluk, Krishnagiri District 12.S Manikandan S/o. Sampangiraman Door No. 1525 Lingayath Street, Berikai Vilage And Post, Shoolagiri Talk, Krishnagiri District 635 105 13.Syed Fazur Rahman S/o. Syed Saheb, Door No 19/37 1 st main Road, 4th Cross, Maruthi Nagar, Madiwala Bangalore, Karnataka 560 068.
14.V M Habibur Rahman S/o. Abdul Rahman, No. 13/39, 1st Main Link Road, Maruthinagar Extension, Madiwala Boomanahalli, Bangalore, Karnataka 560 068.
Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the 3rd respondent herein to disose of the appeal no. 5492/E2/2022 dated 15.09.2022 filed by the petitioners against the order of
the 4th respondent vide No. 4651/u/2021 dated 26.07.2022 and pass orders. For Petitioner(s):
Mr.J.James For Respondent:
Mr.U.Baranidharan Special Government Pleader for R1 to R5
ORDER
This writ petition has been filed for the issue of writ of Mandamus directing the 3 rd respondent to dispose of the appeal filed by the petitioner on 15.09.2022 within the time frame stipulated by this Court. 2.
Heard Mr.J.James, learned counsel for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader for respondents 1 to 5. 3.
The petitioners sought for cancellation of a fake document and hence, filed a complaint before the 4 th respondent. The 4 th respondent through proceedings dated 26.07.2022 rejected the complaint and directed the parties to work out their remedy before the competent Civil Court. Aggrieved by the same, the petitioner filed an appeal before the 3 rd respondent. Since the same was not acted upon, the present writ petition has been filed before this Court. 4.
In the considered view of this Court, no useful purpose will be served in directing the 3 rd respondent to deal with the appeal since the Division Bench of this Court in [M. Kathirvel Vs. The Inspector General of Registration Department of Registration and Others] reported in 2024 4 CTC 769, has struck down Section 77A of the Registration Act as unconstitutional. In view of the same, the only remedy that is left to the petitioners is to approach
the compent Civil Court and seek for appropriate reliefs. Except giving this clarity, no further orders can be passed in this writ petition. 5.
This writ petition is disposed of in the above terms. No costs. 17-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector Office Of The District Collector, Krishnagiri 2.Teh Inspecto Ro Fgneral Of Registration Office Of The Inspector General Of Registration, Chennai 600 028.
3.The Deputy Inspector General Of Registratio Office Of The Deputy Inspector Geneal Of Registration, 2nd Floor Combined Registration Campus, Kumaragiri Bye Pass Road, Kailash Manasoravar Kamaraja Nagar Colony, Salem
4.The District Registrar Admin Office Of The District Registrar, Krishnagiri District 635 001.
5.The Sub Registrar Office Of Sub Registration Office, Hosur, Krishnagir District
N.ANAND VENKATESH J.
rka 17-04-2025