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Madras High CourtWP/24431/2023disposed of

Manjulavani v. The Inspector General Of Registrar

2023-08-18Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mrs.Manjulavani ... Petitioner Vs.

1.The Inspector General of Registration, Santhome, Chennai.

2.The District Registrar, Thiruvallur District, Thiruvallur.

3.The Sub-Registrar, Ponneri Taluk, Ponneri, Thiruvallur District.

4.P.Babu Prasad 5.Boodeviyammal 6.P.Mageshwari ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent herein to consider the petitioner representation dated 07.06.2022 and take necessary action.

For Petitioner : Mr.R.Dinesh Kumar For R1 to R3 : Mr.D.Ravichander Special Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents to consider the representation of the petitioner dated 07.06.2022.

2. The petitioner states that she submitted a representation to the SubRegistrar, Ponneri Taluk to cancel the forged documents.

3. The Sub-Registrar is not a competent authority to invoke powers under Section 77-A of the Registration Act. More so, the document was registered in the year 2006. That apart, the amendment of Section 77-A of the Registration Act was made with effect from 16.08.2022. In respect of the documents registered several years back the power under Section 77-A cannot have retrospective effect, so as to cancel the document, which was registered, prior to the amendment made with effect from 16.08.2022.

4. The learned counsel for the petitioner states that the petitioner was in United States of America (USA) at the time of registration in the year 2006 and it was fraudulently registered. This being the factum, the petitioner is at liberty to approach the Civil Court of law for the purpose of declaring the document as null and void and for the purpose of redressal of her grievances.

5. With this liberty, this Writ Petition stands disposed of. No costs. 18.08.2023 veda/Jeni Index:Yes/No Speaking order/Non-speaking order To 1.The Inspector General of Registration, Santhome, Chennai.

2.The District Registrar, Thiruvallur District, Thiruvallur.

3.The Sub-Registrar, Ponneri Taluk, Ponneri, Thiruvallur District.

S.M.SUBRAMANIAM, J.

Veda/Jeni 18.08.2023