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Madras High CourtWP/48109/2025allowed

R.Krishnamoorthy v. Inspector General Of Registration

2026-02-19Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY R.Krishnamoorthy S/o.Rajipillai, Sathanur Village, Tindivanam Taluk, Villupuram District.

..Petitioner(s) Vs

1. Inspector General Of Registration Chennai-600 028.

2. Deputy Inspector General Of Registration, Cuddalore

3. District Registrar (Admin) Santhiamedu, Gingee Road, Tindivanam, Villupuram District.

4. Sub Registrar, Avarapakkam, Santhiamedu, Gingee Road, Villupuram District.

5. M.Ragupathy, S/oc.Munusamy, No.12/25, Vigneshwar Nagar, Maduvankarai, Guindy Chennai-600 032.

6. Manipaul S/o.Rajipillai, Sathanur Village, Tindivanam Taluk, Villupuram District.

..Respondent(s) PRAYER: This writ petition is filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari to call for entire record pertaining to the proceedings dated 26.06.2023 bearing Na.Ka. No.1769/ Aa1/ 2022 of the 3rd respondent and quash the same.

For Petitioner(s):

Mr.Balaji for Mr.G.Baskar For Respondent(s):

Mr.U.Baranidharan,Spl. G.P. for R1 to R4 No appearance for R5 & R6

ORDER

The petitioner challenges the order dated 26.06.2023 issued under Section 77A of the Registration Act, 1908. Upon receipt of notice, the fifth and sixth respondents entered appearance through counsel. Counsel for the fifth and sixth respondents is not present in Court today. Therefore, the matter is proceeded with in their absence.

2. On perusal of the impugned order, it is clear that such order has been issued by exercising power under Section 77A to cancel document No.1283/2003 and 967/2005. The Division Bench of this Court in M.Kathirvel v. Inspector General of Registration Department of Registration and Others, 2024 SCC OnLine Mad 6154, held that Section 77A is unconstitutional. In view thereof, the impugned order cannot be sustained and is hereby set aside. The writ petition is allowed on these terms by leaving it open to the fifth and sixth respondents to approach a jurisdictional civil court seeking cancellation of the above mentioned documents. No costs.

19-02-2026 KAL

To

1. Inspector General Of Registration Chennai-600 028.

2. Deputy Inspector General Of Registration, Cuddalore 3.District Registrar (Admin) Santhiamedu, Gingee Road, Tindivanam, Villupuram District.

4.Sub Registrar, Avarapakkam, Santhiamedu, Gingee Road, Villupuram District.

SENTHILKUMAR RAMAMOORTHY, J.

KAL 19-02-2026