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Madras High CourtWP(MD)/887/2024disposed of

C.Shanmugam v. The District Registrar

2025-08-08Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)Nos.905 & 907 of 2024 C.Shanmugam .. Petitioner Vs.

1. The District Registrar, Pudukottai.

2. The Thasildhar, Thirumayam, Pudukottai District.

3. The Assistant Director, Pudukottai District.

4. The Sub Registrar, Thirumayam.

5. The Zonal Deputy Tahshildhar, Thirumayam.

6. S.Azhagu .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for the records relating to the proceedings of the 1st respondent in File No.124/A2/2023 dated 11/12/2023 and quash the same and consequently, to direct the 1st respondent to hold an enquiry based on the circulars issued by the Inspector General of 1/5

registration vide Letter No.41530/U1/2017 dated 8/11/2017 and 31/7/2018 and Letter No.20217/U1/2021 dated 09/07/2021 for the lands in Survey numbers 567/1, 567/2, 567/3, 567/4, 567/5, 567/6, 567/7, 567/8 and 567/9, Melapaniyur Village, Thirumayam Taluk, Pudukottai District. For Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mr.S.Saji Bino Special Government Pleader for R1 to R5 Mr. M.Mahaboob Athiff for R6

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the proceedings of the 1st respondent in File No. 124/A2/2023 dated 11/12/2023 and consequently, to direct the 1st respondent to hold an enquiry based on the circulars issued by the Inspector General of registration vide Letter No.41530/U1/2017 dated 8/11/2017 and 31/7/2018 and Letter No.20217/U1/2021 dated 09/07/2021 for the lands in Survey numbers 567/1, 567/2, 567/3, 567/4, 567/5, 567/6, 567/7, 567/8 and 567/9, Melapaniyur Village, Thirumayam Taluk, Pudukottai District. 2.Through the impugned order, the official respondents have denied to take the petitioner's complaint stating that the issue of Section 77 A is pending before the Hon'ble Larger Bench, hence, the petitioner's complaint cannot be taken for further hearing. Aggrieved over the same, the present writ petition is filed. 2/5

3.In the Hon'ble Larger Bench, the issue is settled stating that the dispute regarding title cannot be decided by the Registrar under Section 77A. Further, the Hon'ble Full Bench has stuck down the Section 77 A itself. 4.Therefore, the impugned order declining to entertain the petitioner's complaint under Section 77A is legally valid. 5.Therefore, this Court is not inclined to set aside the impugned order since the same is valid as stated supra.

6.With the above said observations, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 3/5

1. The District Registrar, Pudukottai.

2. The Thasildhar Thirumayam, Pudukottai District.

3. The Assistant Director, Pudukottai District.

4. The Sub Registrar, Thirumayam.

5. The Zonal Deputy Tahshildhar, Thirumayam.

4/5

S.SRIMATHY , J.

Tmg ORDER MADE IN and WMP(MD)No.905 & 907 of 2024 DATED : 08.08.2025 5/5