M.Sukumaran v. The Deputy Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.(MD) No.6723 of 2025 M.Sukumaran ... Petitioner vs.

1.The Deputy Inspector General of Registration, O/o. Deputy Inspector General of Registration, Integrated Registration Office Campus, Rajakambeeram, Y.Othakadai, Madurai 625 107.

2.The District Registrar, Madurai South, Aranmanai Salai, Madurai 625 001.

3.Joint No.I Sub Registrar (Madurai South), O/o. Joint No.I Sub Registrar (Madurai South), Aranmanai Salai, Madurai 625 001.

4.S.Karthigai Selvam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.2501/Aa2/2022 dated 14.10.2022 and quash the same and consequently direct the 3rd respondent to register further documents based on the previous documents in Doc No. 1/5

8661/2008 and 8662/2008 on the file of the 3rd respondent in Survey No.18/2C of Chinthamani Village Madurai South Taluk, Madurai District.

For Petitioner :Mr.V.Baskaran For R1 to R3 :Mr.P.T.Thiraviyam Government Advocate For R4 : Mr.M.Vasantham

ORDER

The petitioner seeks for the following relief:- "for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.2501/Aa2/2022 dated 14.10.2022 and quash the same and consequently direct the 3rd respondent to register further documents based on the previous documents in Doc No.8661/2008 and 8662/2008 on the file of the 3rd respondent in Survey No.18/2C of Chinthamani Village Madurai South Taluk, Madurai District" 2.A perusal of the impugned order shows that the same has been passed in exercise of Section 77A of the Registration Act, 1908. Section 77A of the Act itself has been struck down by a Division Bench of this Court in M.Kathirvel Vs. the Inspector General of Registration and others, 2024(4) CTC 769.

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3.As the provision, under which the impugned order came to be passed, has been struck down, the impugned order cannot be sustained.

4.Both Mr.P.T.Thiraviyam as well as Mr.M.Vasantham have no objection to the said course of action.

5.Accordingly, the Writ Petition stands allowed. The impugned order of the second respondent passed in Na.Ka.No.2501/Aa2/2022 dated 14.10.2022 is quashed. No costs.

Index :Yes / No 01.04.2025 Internet :Yes / No NCC :Yes / No mm To 1.The Deputy Inspector General of Registration, O/o. Deputy Inspector General of Registration, Integrated Registration Office Campus, Rajakambeeram, Y.Othakadai, Madurai 625 107.

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2.The District Registrar, Madurai South, Aranmanai Salai, Madurai 625 001.

3.Joint No.I Sub Registrar (Madurai South), O/o. Joint No.I Sub Registrar (Madurai South), Aranmanai Salai, Madurai 625 001.

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V. LAKSHMINARAYANAN, J.

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