Madras High CourtWP(MD)/12065/2024disposed of

Arunachala Nadar 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 Arunachala Nadar ... Petitioner Vs.

1.The District Registrar, Thoothukudi District, Thoothukudi.

2.The District Revenue Officer Cum Additional District Magistrate, Thoothukudi District, Thoothukudi.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.Uthayakumar 5.Thangamariyappan 6.Shanthi ... 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 consider the petitioner's petition in Na.Ka.No.8896/2022/A5 dated 29.11.2021 by cancelling the sale deed No.1718/2018 registered on the file of the Sub 1/4

Registrar, Ettaiyapuram executed in favour of the 4th respondent and to make necessary entries in the encumbrance certificate. For Petitioner : Mr.V.Angusamy For Respondents : Mrs.D.Farjana Ghoushia, Spl. Government Pleader for R1 to R3.

ORDER

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the official respondents. 2.The petitioner wants the petition mentioned document 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.

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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, Thoothukudi District, Thoothukudi.

2.The District Revenue Officer Cum Additional District Magistrate, Thoothukudi District, Thoothukudi.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

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G.R.SWAMINATHAN, J.

ias 02.07.2024 4/4