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Madras High CourtWP(MD)/9667/2023dismissed

Jebaraj.Y v. The Secretary

2024-09-03Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Y.Jebaraj ... Petitioner Vs

1. The Secretary, Commercial Taxes and Registration Department, Tamil Nadu Government, Chennai - 600 009.

2. The Deputy Inspector General of Registration, Office of the DIG of Registration, Palayamkottai, Tirunelveli District.

3. The District Registrar, Office of the District Registrar, Tirunelveli, Tirunelveli District.

4. The Sub-Registrar, Mulakkaraipatty Sub-Registrar Office, Mulakkaraipatty, Tirunelveli District.

5. Y.Selvaraj ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to direct the third respondent to enquiry and order to cancel this settlement Deed 1/4

No.118/2022 and another settlement Deed No.2034/2022 registered in the fourth respondent office on the basis of the representation dated 25.03.2023. For Petitioner : Mr. Char Murugan.B For Respondents : Mr.P.Subburaj (R1-R4) Special Government Pleader Mr.D.Venkatesh (R5)

O R D E R

This Writ Petition has been filed seeking a direction to the second respondent to direct the third respondent to enquiry and order to cancel this settlement Deed No.118/2022 and another settlement Deed No.2034/2022 registered in the fourth respondent office on the basis of the representation dated 25.03.2023.

2. Since the issue pertains to Section 77(A) of Registration Act, 1908, the very Section 77(A) inserted under Registration Act is struck down by the Division Bench of this Court in W.P.No.10291 of 2022 etc., Batch. Hence, the writ petition itself is misconceived. Accordingly, the same is dismissed. No costs. 03.09.2024 NCC : Yes/No Index : Yes/No PNM 2/4

To

1. The Secretary, Commercial Taxes and Registration Department, Tamil Nadu Government, Chennai - 600 009.

2. The Deputy Inspector General of Registration, Office of the DIG of Registration, Palayamkottai, Tirunelveli District.

3. The District Registrar, Office of the District Registrar, Tirunelveli, Tirunelveli District.

4. The Sub-Registrar, Mulakkaraipatty Sub-Registrar Office, Mulakkaraipatty, Tirunelveli District.

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N.SATHISH KUMAR , J.

PNM ORDER IN 03.09.2024 4/4