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Madras High CourtWP/23011/2024allowed

G.Kalaiselvi v. The Inspector General Of Registration

2024-12-09Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.12.2024

CORAM:

THE HONOURABLE Ms. JUSTICE P.T. ASHA G.Kalaiselvi ... Petitioner Vs 1.The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai-600 004.

2.The District Registrar, (South Chennai), Nandanam, Chennai-600 035.

3. The Sub-Registrar Office, Joint No.II, Saidapet, Chennai-600 015.

4.Mrs.PKS Lakshmi Bai, 5.Mrs.P.K.Padma 6.Mr.P.S.Kannan @ Krishnasamy Shah 7.Mr.P.S.Lakshmanan Shah

...Respondents

1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus, praying for issuance of Writ of Mandamus, directing the 1st respondent to expedite to petitioner's appeal dated 14.12.2022 and dispose of the same on merits within stipulated time as fixed by this Court.

For Petitioner : Mr.B.Manimaran For Respondents 1 to 3 : Mr.P.Harish Government Advocate For Respondents 4 to 7 : Not Ready in Notice

ORDER

The writ petition is filed to direct the 1st respondent to expedite to petitioner's appeal dated 14.12.2022 and dispose of the same on merits within stipulated time as fixed by this Court. 2.Heard learned counsels on either side.

3.In the light of the judgment of the Division Bench in M.Kathirvel Vs. Inspector General of Registration Reported in (2024) 2/4

4 CTC 769 wherein this Court has held Section 77A of the Registration Act to be unconstitutional and unworkable, the impugned order has to necessarily be set aside as the cancellation is under Section 77A of the Registration Act.

4.Accordingly, the writ petition stands allowed. No costs. 09.12.2024 Index: Yes/No Speaking order/non-speaking order srn To 1.The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai-600 004.

2.The District Registrar, (South Chennai), Nandanam, Chennai-600 035.

3. The Sub-Registrar Office, 3/4

Joint No.II, Saidapet, Chennai-600 015.

P.T.ASHA, J., srn 09.12.2024 4/4