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Madras High CourtWP(MD)/2295/2024disposed of

Balasubramanian.S 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)No.2307 of 2024 S.Balasubramanian .. Petitioner Vs.

1. The District Registrar, Registration Department, Palayamkottai Registration District Office, Palayamkottai, Collectorate Complex, Tirunelveli.

2. The Sub Registrar, Palayamkottai Sub Registration Office Joint-I, Tirunelveli District.

3. The Sub Registrar, Sub Registration Office, Tiruchendur, Thoothukudi District.

4. Sarathababy

5. Kalaivani Selvan

6. Vivekananthan

7. Sekar

8. Chellammal .. 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 of the 1st respondent pertaining to the impugned order made in NA.KA.No. 1/5

4929/A3/2022 dated 10.10.2023 and quash the same as illegal and arbitrary and consequently direct the 1st respondent to cancel the documents 1) General Power of Attorney Document No.61/1994 dated 08.06.1994, 2) General Power of Attorney Document No.74/1994 dated 20.07.1994, 3) Sale Deed Document No. 3297/1997 dated 03.10.1997, 4) Sale Deed Document No.3298/1997 dated 03.10.1997 and within the time limit that may be stipulated by this Court. For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.G.Suriya Ananth Additional Government Pleader for R1 to R3

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order made in NA.KA.No.4929/A3/2022 dated 10.10.2023 and consequently, to direct the 1st respondent to cancel the documents 1) General Power of Attorney Document No.61/1994 dated 08.06.1994, 2) General Power of Attorney Document No.74/1994 dated 20.07.1994, 3) Sale Deed Document No.3297/1997 dated 03.10.1997, 4) Sale Deed Document No.3298/1997 dated 03.10.1997 and within the time limit that may be stipulated by this Court.

2.Through the impugned order, the official respondents have denied to take the petitioner's complaint stating that the issue cannot be decided by the Registrar under Section 77A, 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. As far as the cancellation of sale deed and power of attorney are concerned, the petitioner is at liberty to approach the competent Civil Court.

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

To

1. The District Registrar, Registration Department, Palayamkottai Registration District Office, Palayamkottai, Collectorate Complex, Tirunelveli.

2. The Sub Registrar, Palayamkottai Sub Registration Office Joint-I, Tirunelveli District.

3. The Sub Registrar, Sub Registration Office, Tiruchendur, Thoothukudi District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 08.08.2025 5/5