Madras High CourtWP(MD)/8422/2024disposed of

Arumugam v. The District Collector

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 Arumugam ... Petitioner Vs.

1.The District Collector, 2.The Superintendent of Police, 3.The District Registrar, 4.The Sub Registrar, Velipattinam Sub Registrar Office, Ramanathapuram District.

5.The Inspector of Police, Kenikarai Police Station, 6.Panchavarnam 7.K.Chottasamy 8.Kalaiyarasi 1/4

9 Boomivasan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to cancel the sale deed vide Doc.No.2807/2023 dated 27.04.2023 in favour of the 7th respondent and the sale deed vide Doc.No.5464/2023 dated 11.08.2023 in favour of the 8th respondent and the power of attorney deed No.7034/2023 dated 13.10.2023 in favour of the 9th respondent on the file of the 4th respondent Sub Registrar Office, based on the representation dated 28.12.2023.

For Petitioner : Mr.S.Vikram For Respondents : Mrs.D.Farjana Ghoushia, Spl. Government Pleader for R1, R3 & R4.

Mr.A.Albert James, Govt. Advocate (Crl. Side) for R2 & R5.

Mr.J.Nantha Kumar for R8 & R9.

ORDER

Heard the learned counsel on either side.

2.The petitioner wants the petition mentioned documents to be cancelled. The petitioner seeks invocation of power under Section 77-A of the 2/4

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. 3.The third 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 Collector, 2.The Superintendent of Police, 3.The District Registrar, 3/4

G.R.SWAMINATHAN, J.

ias 4.The Sub Registrar, Velipattinam Sub Registrar Office, Ramanathapuram District.

5.The Inspector of Police, Kenikarai Police Station, 02.07.2024 4/4