Madras High CourtWP(MD)/1540/2023disposed of

Loganathan. V v. Inspector General Of Registration

2023-01-27Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.1540 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1540 of 2023

1. V.Loganathan

2. V.Thangamani ... Petitioners Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Manthaivelipakkam, Raja Annamalaipuram, Chennai - 600 028.

2. The District Registrar, District Registrar Office, District Collectorate Campus, Karur.

3. The Sub Registrar, Aravakurichi Sub Registrar Office, Aravakurichi Taluk, Karur District.

4. V.Parvathi

5. A.Sathyamurthy

6. A.Saravanaselvan

7. N.Sangar

8. Balakumar ... Respondents 1/5

2 W.P.(MD)NO.1540 OF 2023 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to issue direction to the second respondent to pass orders on the merits of the petition filed under Section 77A of the Registration Act, 1908 which is pending before him in proceedings No.5073/A3/2022 dated 14.10.2022 within the time frame fixed by this Court.

For Petitioner : M/s.K.Suyambulinga Bharathi For R-1 to R-3 : Mr.S.Shanmugavel, Additional Government Pleader.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioners and the learned Additional Government Pleader appearing for respondents 1 to 3.

2. The petitioners want this Court to direct the second respondent to pass order on the petition filed by them under Section 77A of the Registration Act 1908. It is not in dispute that the said provision came into force only on 16.08.2022. The document in question was executed on 28.09.2022. Since the document sought to be cancelled was executed only 2/5

3 W.P.(MD)NO.1540 OF 2023 subsequent to coming into force of Section 77A of the Registration Act, the second respondent can very well be directed to pass order on the petition dated 14.10.2022.

3. I make it clear that before doing so, the second respondent will put all the private respondents on notice. I make it clear that I have not gone into the merits of the matter. All the contentions and defences of the private respondents are left open. Such an enquiry will be concluded and final order will be passed within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs. 27.01.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.P.(MD)NO.1540 OF 2023 To:

1. The Inspector General of Registration, No.100, Santhome High Road, Manthaivelipakkam, Raja Annamalaipuram, Chennai - 600 028.

2. The District Registrar, District Registrar Office, District Collectorate Campus, Karur.

3. The Sub Registrar, Aravakurichi Sub Registrar Office, Aravakurichi Taluk, Karur District.

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5 W.P.(MD)NO.1540 OF 2023 G.R.SWAMINATHAN,J.

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