B.N.Ravichandran v. The District Registrar (Administration)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and WMP.No.27266 of 2023 B.N.Ravichandran ... Petitioner vs.

1.The District Registrar (Administration), Ranipet District, Ranipet.

2.Nagabushanam ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, Calling for the records of the 1st respondent in his proceedings made in Na.Ka.No.2219/A2/2022 dated 31.08.2023 and quash the same and consequently direct the 1st respondent to restore the order made in No.2219/A2/2022 dated 17.08.2023. For Petitioner : Mr.G.Jeremiah For Respondents : Mr.P.Harish Government Advocate for R1 1/4

O R D E R

This writ petition is filed challenging the order passed by the first respondent allowing the review application filed by the second respondent seeking recall of the order passed in favour of the petitioner under Section 77A of Registration Act, 1908, cancelling the Document No.10507 of 2009 registered on the file of the Sub Registrar, Arakkonam.

2. In view of the order passed by the Division Bench of this Court in M.Kathirvel vs. The Inspector General of Registration (W.P.No.10291 of 2022 etc., batch, dated 02.08.2024), Section 77A of the Registration Act, is struck down. Therefore, any order passed by the 1st respondent by exercising the power under Section 77A will automatically gets vanished by order passed by Division Bench. Hence, even assuming the writ petition is allowed and the impugned order is set aside and original order of 1st respondent passed in favour of petitioner is revived, it cannot stand in view of Division Bench order cited supra. Hence, the prayer sought for in the writ petition has become infructuous.

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3. Accordingly, this writ petition is dismissed as infructuous. It is open to the petitioner to workout his remedy before the Civil Court. No costs. Consequently, connected miscellaneous petition is closed. 23.09.2024 Index : Yes / No Speaking order : Yes / No : Yes / No ub To The District Registrar (Administration), Ranipet District, Ranipet.

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S.SOUNTHAR, J.

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