Madras High CourtWP(MD)/6447/2024allowed

V.Elango v. The Deputy Inspector General Of Registration

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 W.P(MD)No. 6447 of 2024 and W.M.P(MD)Nos. 6028 & 6030 of 2024 V.Elango .. Petitioners Vs.

1. The Deputy Inspector General of Registration, Department of Registration, Tirunelveli Region, Tirunelveli, Tirunelveli District.

2. The District Registrar (Administration), Office of the District Registrar (Administration), Cheranmahadevi, Tirunelveli District.

3. The Special Sub Collector (GDP), Tenkasi, Tenkasi District.

4. The Sub Registrar, Kadayam, Tenkasi District.

5. The Tahsildar, Tenkasi, Tenkasi District.

6. The Deputy Tahsildar, Alangulam, Tenkasi District.

7. Karthikeyan, The Village Administrative Officer, Venkadampatti Part-II Village, Tenkasi District.

8. Chellappan 1/5

9. Rajaprabhu .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorari, to call for the impugned orders of issuance of Natham Nilavari Thitta Thooya Adangal as passed by the 7th respondent and subsequently as attested by the 5th respondent and consequently rejecting to cancel the deed of settlement as registered on the basis of Natham Nilavari Thitta Thooya Adangal by the 2nd respondent under reference No. 1625/A2/2022 on 27.03.2023 and subsequently quash the same as illegal, erroneous, arbitrary forthwith.

For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.S.Saji Bino Special Government Pleader for R1 to R-6

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorari, to quash the impugned orders passed by the 7th respondent and subsequently as attested by the 5th respondent and consequently rejecting to cancel the deed of settlement as registered on the basis of Natham Nilavari Thitta Thooya Adangal by the 2nd respondent under reference No.1625/A2/2022 on 27.03.2023.

2. The present impugned order was passed under Section 77A of the Registration Act. The respondents are not having right or jurisdiction to entertain 2/5

any petition under Section 77A of the Registration Act, as it has been held to be ultra vires.

3. Accordingly, this writ petition is allowed. The impugned orders passed by the 7th respondent and subsequently confirmed by the 5th respondent is hereby quashed. The parties are at liberty to approach the competent civil court to agitate their rights. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa 3/5