Marcus Frederick Lazaro v. Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2025 CORAM :
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Writ Petition Nos.32438 & 32441 of 2025 W.P.No.32438 of 2025:
Marcus Frederick Lazaro ... Petitioner Vs.
4.Augustin Chellappa ... Respondents Page No.1 of 6
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 impugned order in Na.Ka.No.21457/E2/2022 dated 12.07.2023 of the second respondent under Section 77A of Registration Act 1908 to quash the same. W.P.No.32441 of 2025:
Yvonne Mary Vanhaltren ... Petitioner Vs.
... Respondents Page No.2 of 6
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 impugned order in No.19836/E2/2022 dated 29.05.2023 of the second respondent under Section 77A of Registration Act 1908 to quash the same. For Petitioner : Mr.K.Jayaraman in both W.Ps., For Respondents 1 to 3 : Mr.P.Harish, in both W.Ps., Government Advocate COMMON ORDER Challenge has been made against the orders in Na.Ka.No.21457/E2/2022, dated 12.07.2023 and No.19836/E2/2022, dated 29.05.2023, 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 matters of these writ petitions are 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., Page No.3 of 6
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 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 Na.Ka.No.21457/E2/2022, dated 12.07.2023 and No.19836/E2/2022, dated 29.05.2023 under Section 77A of the Registration Act, 1908 are liable to be quashed. Accordingly, the said orders are quashed.
Page No.4 of 6
In the result, these writ petitions are allowed. No costs. 08.09.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
Page No.5 of 6
KRISHNAN RAMASAMY,J.
vm 08.09.2025 Page No.6 of 6