← Library
Madras High CourtWP(MD)/10854/2024disposed of

Suseelabalu 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 and W.M.P.(MD)No.9684 of 2024 1.Suseelabalu 2.Bablow Neruda Arora ... Petitioners Vs.

1.The District Collector, Madurai Collector Office, Madurai.

2.The District Registrar, 171, Mahal Road, Madurai-625 001.

3.The Zonal Deputy Thasildhar, Thiruparankundram Taluk, Madurai-625024.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to cancel the forged sale deed documents Nos.2735/1999 and 2736/1999 of SRO, Thiruparamkundram and respondent 3 should be directed to allow transfer the patta name to the petitioners, as they are the legal heirs to the petitioners in O.S.No.247/2000, the petitioners had given representation dated on 10.04.2024.

1/4

For Petitioners : Mr.C.A.Arjun Shankar For Respondents : Mr.R.Ragavendran, Government Advocate.

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

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. 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.

2/4

4.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

02.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Madurai Collector Office, Madurai.

2.The District Registrar, 171, Mahal Road, Madurai-625 001.

3.The Zonal Deputy Thasildhar, Thiruparankundram Taluk, Madurai-625024.

3/4

G.R.SWAMINATHAN, J.

ias 02.07.2024 (2/2) 4/4