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Madras High CourtWP/47041/2025disposed of

K.Jayakumar v. The Inspector General Of Registration

2025-12-04Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY 1.K.Jayakumar 2.Jaishreenee .. Petitioners vs 1.The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai - 04.

2.The District Registrar, Office of the District Registrar, No.182, Bharathi Salai, Royapettah, Chennai - 14.

3.The Sub Registrar, Kodambakkam, No.2/31, Azhagiri Nagar, 5th Street, Vadapalani, Chennai - 26.

4.M.Geetha .. Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus directing the first respondent herein to dispose of the petitioners' appeal in Appeal No.30914 of 2023 dated 14.08.2023 pending on the file of the first respondent within a fixed time frame of four weeks. 1/4

For Petitioners :

Mr.Sunny Sheen Akkara For Respondents :

Mr.U.Baranidharan, Special Government Pleader for R1 to R3

ORDER

By exercising powers under Section 77-A of the Registration Act, 1908, order dated 19.07.2023 was issued cancelling certain registered documents. The petitioners carried the matter in appeal under Section 77-B before the first respondent on 14.08.2023. Early disposal of said appeal is prayed for in this writ petition.

2. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for respondents 1 to 3. On the basis of written instructions, he submits that the appeal is deemed as closed in view of Section 77-A being struck down as unconstitutional.

3. Section 77-A of the Registration Act was struck down by a Division Bench of this Court in M.Kathirvel and others vs. Inspector General of Registration and Others (2024 (4) CTC 769) (Kathirvel). As a consequence, the first respondent is no longer in a position to consider the appeal under Section 77-B, which proceeds on the basis that power may be exercised under Section 77-A. In these 2/4

circumstances, this writ petition is disposed of, leaving it open to the petitioners to challenge the orders of cancellation under Section 77-A of the Registration Act by filing a writ petition before this Court. There shall be no order as to costs.

04.12.2025 Index:Yes/No mmi To 1.The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai - 04.

2.The District Registrar, Office of the District Registrar, No.182, Bharathi Salai, Royapettah, Chennai - 14.

3.The Sub Registrar, Kodambakkam, No.2/31, Azhagiri Nagar, 5th Street, Vadapalani, Chennai - 26.

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SENTHILKUMAR RAMAMOORTHY,J.

mmi 04.12.2025 4/4