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Madras High CourtWP/5864/2024dismissed

R.Panneerselvam v. The District Registrar

2026-04-09Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY R.Panneerselvam S/o Ramalingam 1122, Npl Anjali Apartment 11th Main Road Chennai 600 049 Petitioner(s) Vs

1. The District Registrar District Registrar Office, Ariyalur Ariyalur District 2.The Sub Registrar Sub Registrar Office Perambalur, Perambalur District 3.Ramalingam S/o Sivan 3rd Streetwin Nagar, Ellakkudi Village, Kattur Post, Trichy District 4.M. Arbuthamani S/O MANICKAM NO 106-e, VENKATESAPURAM PERAMBALURI TOWN PERAMBALUR TLAUK PERAMBALUR DISTRICT Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing 1st and 2nd respondents herein to remove the fraudulent entries pertaining to property situated at Perambalur

Distrct, Ariyalur registration distrct, Perambalur Sub Registration District Perambalur Taluk Thuraimangalam Village Patta No 310, Ayan Punjai SF No 39/4 admeasuring acre 0.17, in the light of petitioners final representation dated 04.05.2022 within a stipualted period as may be fixed by this Honourable Court For Petitioner(s):

Mr.R.Sundar For Respondent(s):

Mr.P.Harish, GA for R1 & 2 Mr.C.Prabakaran, for R4 R3 No appearance

ORDER

This writ petition has filed to direct the 1st and 2nd respondents herein to remove the fraudulent entries pertaining to subject property based on the petitioner's representation dated 04.05.2022.

2. The learned counsel for the petitioner would submit that in this case, the 3rd respondent, who is the petitioner's father, had got the subject property by virtue of partition deed. Thereafter, he executed a Power of Attorney deed in favour of the 4th respondent. Subsequently, the 4th respondent had fraudulently executed 4 sale deeds pertaining to the subject property. Hence, the petitioner had filed several representations before the respondent, requesting for removal of the said fraudulent entries. However, the said representations were not considered by the respondent till date. Hence, this petition.

3. In reply, the learned counsel for the respondent would submit that now, the validity of Sections 77A and 68(2) of the Registration Act, 1908, was struck

down by the Hon'ble Division Bench of this Court vide order dated 02.08.2024 in W.P.No.10291 of 2022. In such case, the entries, from the revenue records, cannot be removed/neutralised by the respondents, in the absence of order obtained from appropriate Court of law. Hence, he would submit that now, the only recourse available to the petitioner is to file a suit before the concerned Civil Court either for cancellation of aforesaid fraudulent sale deed or to declare the same as "null and void". Thus, he prays for dismissal of this petition.

4. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

5. In the case on hand, initially, a representation was filed by the petitioner, requesting the respondents to remove the entries, pertaining to the subject land by invoking the power available to them under Section 77A of the Registration Act, 1908. The said representation was not at all considered by the respondent.

6. As rightly contended by the respondent, the validity of Section 77A and 68(2) of the Registration Act, 1908, was struck down by the Hon'ble Division Bench of this Court vide order dated 02.08.2024 in W.P.No.10291 of 2022. In such case, the respondents will not have any power to remove/neutralise the entries.

7. When such being the case, as rightly contended by the respondent, the only recourse available to the petitioner is to approach an appropriate Civil Court either for cancellation of aforesaid fraudulent sale deed or to declare the same as "null and void". The present petition cannot be entertained by this Court.

8. Therefore, this writ petition is dismissed. The petitioner is granted liberty to file a suit, for cancellation of sale deed, before the appropriate Civil Court. No cost.

09-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Registrar District Registrar Office, Ariyalur Ariyalur District 2.The Sub Registrar Sub Registrar Office Perambalur, Perambalur District

KRISHNAN RAMASAMY J.

nsa 09-04-2026