A.Vanaja v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2025 CORAM :
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Writ Petition No.26992 of 2025 and W.M.P.No.30296 of 2025 A.Vanaja ... Petitioner Vs.
1.The Inspector General of Registration 100, Santhome High Road, Pattinapakam, Chennai - 600 028.
2.The District Registrar, Office of District Registrar, Tiruvannamalai.
3.The Joint Sub Registrar-II, Tiruvannamalai Taluk, Tiruvannamalai District.
4.Kalaiselvi ... Respondents Prayer:
Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari calling for the records pertaining to the order made in Pa.Mu.No.6496/E/2022 dated 11.08.2023 passed by the second respondent purportedly issued under Section 77A of Registration Act and quash the same.
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For Petitioner : M/s.M.Preetha For Respondents 1 to 3 : Mr.P.Harish, Government Advocate For Respondent 4 : Mr.N.Manokaran
ORDER
Challenge has been made against the order in Pa.Mu.No.6496/E/2022 dated 11.08.2023, passed by the second respondent under Section 77-A of the Registration Act, 1908.
2. When the matter was came up for hearing, learned counsel on either side submitted in unison that the subject matter of this writ petition is no longer res-integra and the same is covered by the dictum laid down by the Hon'ble Division Bench of this Court in the case of M.Kathirvel Vs., Inspector General of Registration, Department of Registration and Others, reported in 2024 SCC Online Mad 6154, wherein, Section 77-A of the Registration Act, 1908 was declared as illegal and the same was struck down. For better appreciation, the relevant portion of the judgment is extracted hereunder:
"167. This Court has already held that Section 77-A is unconstitutional and liable to be struck down. We have also Page No.2 of 4
held that Section 77-A is prospective in operation. Therefore, we are not going into Issues [E], [F] and [G] and it is not necessary for us to go into those issues"
3. In view of the ratio laid down by the Hon'ble Division Bench of this Court in the case of M.Kathirvel Vs., Inspector General of Registration, Department of Registration and Others, reported in 2024 SCC Online Mad 6154, orders passed by the second respondent in Pa.Mu.No.6496/E/2022 dated 11.08.2023 under Section 77-A of the Registration Act, 1908 is liable to be quashed. Accordingly, the said order is quashed. In the result, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is also closed. 17.09.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No KRISHNAN RAMASAMY,J.
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vm To:
1.The Inspector General of Registration 100, Santhome High Road, Pattinapakam, Chennai - 600 028.
2.The District Registrar, Office of District Registrar, Tiruvannamalai.
3.The Joint Sub Registrar-II, Tiruvannamalai Taluk, Tiruvannamalai District.
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