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Madras High CourtWP/18599/2024disposed of

Ravi v. The District Registrar (Administration)

2025-10-24Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 24.10.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY W.P.No.18599 of 2024 and WMP.No.20389 of 2024 Ravi ...

Petitioner Vs.

1. The District Registrar (Administration) Office of the District Registrar, Dharmapuri.

2.The Sub Registrar, Office of the Sub Registrar, Pallakkode, Dharmapuri.

3.Gowri 4.Tmt.Gowrammal ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to impugned order passed by the 1st respondent by its 1/6

proceedings Na.Ka. No.724/ A3 /2023 dated 06.10.2023 and quash the same as illegal, incompetent and without jurisdiction and further directing the 2nd Respondent to receive and register any documents presented by the Petitioner in respect of the petitioner's property of lands measuring to an extent of 22 cents comprised in Survey No.583/1A and 583/2A situated at Papparapatti Village and Post Pennagaram Taluk, Dharmapuri District.

For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.Stalin Abhimanyu (R1 and R2) Additional Government Pleader Mr.K.Krishnan (R4) ***

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the 1st respondent by its proceedings Na.Ka. No.724/ A3 /2023 dated 06.10.2023, cancelling the Sale Deed in Document No.128/2023 dated 12.01.2023 and to quash the same as illegal, incompetent and without jurisdiction and further direct the 2nd Respondent to receive and register any documents presented by the 2/6

Petitioner in respect of the petitioner's property of lands measuring to an extent of 22 cents comprised in Survey No.583/1A and 583/2A situated at Papparapatti Village and Post Pennagaram Taluk, Dharmapuri District.

2. When the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that the Division Bench of this Court in a batch of cases vide Judgment dated 02.08.2024 in W.P.No.10291 of 2022, etc., has struck down the Sections 77-A and 77B of the Registration Act holding that the same are unconstitutional and it has no retrospective effect and the registering authority has no power to cancel or invalidate the documents already registered and relegated the parties to the Civil Court. Therefore, by virtue of the aforesaid Judgment, the impugned order passed by the 1st respondent, under Section 77-A is liable to be quashed. Therefore, he prays to quash the same and also prays for a direction to the 2nd Respondent to receive and register any documents presented by the Petitioner in respect of the petitioner's lands measuring to an extent of 22 cents comprised in 3/6

Survey No.583/1A and 583/2A situated at Papparapatti Village and Post Pennagaram Taluk, Dharmapuri District.

3.The learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the 4th respondent also accepted the contention made by the learned counsel for the petitioner and prayed for appropriate orders.

4. Considering the submissions made by the learned counsel appearing on either side and in view of the aforesaid Judgment of the Division Bench of this Court dated 02.08.2024 in W.P.Nos.10291 of 2022, etc., batch impugned order passed by the 1st respondent is liable to be set aside. Accordingly, the order impugned herein is set aside and the Sale Deed dated 12.01.2023 stands restored. It is made clear that if anyone is aggrieved by the restoration of Sale Deed, the right course available to them is to approach the Civil Court for cancellation of the Sale Deed.

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5. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 24.10.2025 (1⁄2) Speaking/Non-speaking order Index : Yes / No arr To

1. The District Registrar (Administration) Office of the District Registrar, Dharmapuri.

2.The Sub Registrar Office of the Sub Registrar, Pallakkode, Dharmapuri.

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KRISHNAN RAMASAMY.J., arr W.P.No.18599 of 2024 6/6

24.10.2025 7/6