Udaiyappa.M.R v. The District Registrar (Admin)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.5468 of 2024 M.R Udaiyappa .. Petitioner Vs.

1. The District Registrar (Admin), Sivagangai District

2. The Sub Registrar Kalaiyarkoil, Sivagangai District 3.PL.Periyasamy 4.Udhaya Chandrika .. 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 impugned order in Na.Ka.No.3083/E1/2023 dated 04/12/2023 on the file of the 1st respondent and quash the same and further directing the respondents to cancel the power of attorney in Document No.197/2010 dated 29.04.10, Document No.220/2010 dated 12.05.10, Document No.300/2021 dated 15.06.11 and the consequential sale deed No.2043/2010 dated 25.06.10. For Petitioner : Mr.G.Prabu Rajadurai For Respondents : Mr.S.Saji Bino Special Government Pleader for R1 & R2 1/4

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order in Na.Ka.No. 3083/E1/2023 dated 04/12/2023 on the file of the 1st respondent and further to direct the respondents to cancel the power of attorney in Document No.197/2010 dated 29.04.10, Document No.220/2010 dated 12.05.10, Document No.300/2021 dated 15.06.11 and the consequential sale deed No.2043/2010 dated 25.06.10. 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. 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.

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 To

1. The District Registrar (Admin), Sivagangai District

2. The Sub Registrar Kalaiyarkoil, Sivagangai District 3/4

S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 08.08.2025 4/4