Madras High CourtWP(MD)/8249/2024disposed of

Ayyanan @ Santhosh v. The District Registrar

2024-07-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Ayyanan @ Santhosh ... Petitioner Vs.

1.The District Registrar, Dindigul District, Dindigul.

2.The Sub Registrar, Natham Sub Registrar Office, Natham, Dindigul District.

3.Panju 4.Sonai 5.Sangeetha 6.Gajendran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to initiate the proceedings based upon the petitioner's representation dated 09.11.2023 to cancel the fraudulent document register in the office of the 1/4

2nd respondent vide Document No.1878/2004, dated 22.09.2004, Document No.1807/2006, dated 23.08.2004 and Document No.3424/2023, dated 07.11.2023.

For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.B.Saravanan, Addl. Government Pleader for R1 & R2.

Mr.G.Prabhu Rajadurai for R5 & R6.

ORDER

Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 and 2 and the learned counsel for the respondents 5 and 6.

2.The petitioner wants the petition mentioned documents to be cancelled. The petitioner seeks invocation of power under Section 77-A of the Registration Act, 1908 by the jurisdictional District Registrar. I had taken the view that the said provision cannot operate retrospectively. Since a contra opinion has been rendered by another learned Judge, the matter is presently pending consideration before the Hon'ble Division Bench. 2/4

3.The first respondent is directed to keep the petitioner's complaint pending. He shall decide the issue based on the decision of the Hon'ble Division Bench.

4.The writ petition is disposed of accordingly. No costs. 02.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Registrar, Dindigul District, Dindigul.

2.The Sub Registrar, Natham Sub Registrar Office, Natham, Dindigul District.

3/4

G.R.SWAMINATHAN, J.

ias 02.07.2024 4/4