Madras High CourtWP(MD)/1915/2023disposed of

Madasamy .S v. The District Registrar

2023-02-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Madasamy ... Petitioner Vs 1.The District Registrar, Office of the District Registrar, Thenkasi, Thenkasi District.

2.Chellaiah @ Selvam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to conduct enquiry under Section 77(A) of the Registration Act in accordance with law on the basis of O.Mu.No.5266/A2/2022 dated 29.11.2022 within the time stipulated by this Court.

For Petitioner : Mr.Babu Rajendran For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R.1 1/4

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the first respondent. 2.The petitioner has given a petition before the first respondent for cancelling the document dated 20.06.2022 (Document No.1826 of 2022) on the file of Sub Registrar Office, Tenkasi. The petitioner's complaint has been taken on file and notice has already been issued. The petitioner wants the same to be concluded expeditiously. The petitioner wants the enquiry to be conducted under Section 77(A) of the Registration Act. The Department may not be clear as to whether the said provision is retrospective. But I have held in more than one case that Section 77(A) of the Registration Act cannot be retrospectively applied. However, the first respondent can very well conduct the enquiry based on the earlier circulars issued by the Inspector General of Registration in the year 2018.

3.The first respondent is directed to concluded the enquiry on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. It is for the first respondent to pass order one way or other. The 2/4

first respondent shall put the interested persons on notice before passing the order.

4.This writ petition is disposed of accordingly. There shall be no order as to costs.

01.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To The District Registrar, Office of the District Registrar, Thenkasi, Thenkasi District.

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G.R.SWAMINATHAN, J.

MGA 01.02.2023 4/4