Madras High CourtWP/5830/2024disposed of

A.Palanisamy v. The District Registrar

2024-03-07Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Palanisamy ..

Petitioner Vs.

1. The District Registrar Registration Department Neriparichal, Tiruppur Tiruppur District.

2. S.Venkataraman

3. S.Sivakumar

4. C.Balasubramanian

5. M.Pandian

6. P.Chithra ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent to conduct enquiry by invoking u/s. 77-A of Registration Act consequently to cancel the document in No.6106 of 2009 dated 27.08.2009, document No.492 of 2012 dated 25.01.2012, document Nos.4634 of 2021 dated 19.08.2021 and 4635 of 2021 dated 19.08.2021 and document

No.5347 of 2023 dated 18.08.2023 by disposing the written representation made by the petitioner on 19.06.2023 within a stipulated time as this Hon'ble Court fixes.

For the Petitioner : Mr.C.Prakasam For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for Respondent-1

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.A.Edwin Prabakar, learned State Government Pleader for the first respondent.

2. The petitioner seeks a direction against the first respondent to conduct enquiry invoking Section 77-A of the Registration Act in respect of various documents to which the petitioner is not a party.

3. Learned counsel for the petitioner submits that the validity of Section 77-A is the subject matter of consideration. First of all, the locus will have to be considered and subsequently, the scope of the

enquiry.

4. It is submitted that the validity of the provisions vis-a-vis Section 77-A of the Act is under consideration.

5. Learned counsel for the petitioner submits that the petition be adjourned and after the decision on the validity of the provision, the same may be taken up.

6. The petitioner is at liberty to file writ petition afresh, after the validity of Section 77-A of the Act is decided and in case, the petitioner is an aggrieved person.

7. The writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 07.03.2024 Index :

Yes/No :

Yes/No kpl

To The District Registrar Registration Department Neriparichal, Tiruppur Tiruppur District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 07.03.2024