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Madras High CourtWP/1894/2025disposed of

P.Sengodan v. The District Registrar

2025-11-13Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 13.11.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY 1.P.Sengodan 2.A.S.Angammal 3.A.S.Prabhu ... Petitioners in both petitions Vs.

1. The Sub Registrar Namakkal Distrct, Namakkal

2. A.S. Suganthi @ V. Sukanthi ... Respondents in both petitions Common Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the 1st respondent in Na.Ka.No.3969/Aa2/2023 dated 19.6.2023 quash the same is illegal, incompetent and ultravires calling for the records relating to the impugned order passed by the 1st respondent in Na.Ka.No.3979/Aa2/2023 dated 22.6.2023 quash the same is illegal, incompetent and ultravires 1/5

For Petitioner in both petitions : Mr.T.Gowthaman, Sr.counsel, for Mr.T.N.Rangesh Kanna For Respondent in both petitions : Mr.Abishek Murthy, GA for R1 Mr.K.A.Ravindran, for Mr.M.Varadhan for R2 COMMON ORDER These writ petitions have been filed challenging the impugned proceedings of the 1st respondent dated 19.06.2023 & 22.06.2023.

2. The learned counsel for the petitioners would submit that the impugned orders dated 19.06.2023 & 22.06.2023 were passed by the 1st respondent by invoking the powers available under Section 77A of the Registration Act, 1908. Subsequently, the validity of Section 77A of the Registration Act, 1908, was struck down by the Hon'ble Division of this Court vide order dated 02.08.2024 in W.P.No.10291 of 2022. In such case, he would submit that the two impugned orders, which were passed under Section 77A, are liable to be set aside. Hence, he requests this Court to pass appropriate orders.

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3. The learned Government Advocate appearing for the Official respondents had fairly admitted that in view of the aforementioned order dated 02.08.2024 passed by the Hon'ble Division Bench of this Court in in W.P.No.10291 of 2022, the impugned orders passed, under Section 77A, are liable to be set aside.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the Official respondents and also perused the materials available on record.

5. In the case on hand, admittedly, the impugned orders dated 19.06.2023 & 22.06.2023 were passed by the 1st respondent by invoking the powers available under Section 77A of the Registration Act, 1908.

6. Further, there is no dispute on the aspect that the validity of Section 77A of the Registration Act, 1908, was struck down by the Hon'ble Division of this Court vide order dated 02.08.2024 in W.P.No.10291 of 2022. When such being the case, obviously, the impugned orders, which were passed under Section 77A of the 3/5

Registration Act, 1908, are liable to be set aside. Accordingly, the impugned orders dated 19.06.2023 & 22.06.2023 are set aside.

7. In the result, these writ petitions are allowed. No cost. 13.11.2025 Speaking/Non-speaking order Index : Yes / No nsa To The Sub Registrar Namakkal Distrct, Namakkal 4/5

KRISHNAN RAMASAMY.J., nsa 13.11.2025 5/5