Rajan v. The District Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.11698 of 2023 Rajan ... Petitioner .Vs.

1.The District Registrar, Registration Department, Integrated Registration Office, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudhur Taluk, Tenkasi District.

3.The Head Surveyor, V.K.Pudhur Taluk Office, V.K.Pudhur Taluk, Tenkasi District.

4.V.Vijayakumar ... 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 2 and 3 to defer the survey of the land and fixation of boundary in the land comprised in S.No. 1/5

458/11A(R.S.No.458/11A3, 11A1) of Keelaveeranam Village, Keela Keralampudhur Taluk, Tenkasi District till the disposal of proceedings in Na.Ka.No.3927/Aa2/2023 pending on the file of first respondent which relates to cancellation of the fraudulent document No.748/2017, dated 17.3.2017 on the file of Uthumalai Sub Registrar, Tenkasi District which was executed by the father of the fourth respondent in his favour.

For Petitioner : Mr.S.Balamurugan For Respondent-1 : Mr.S.Shaji Bino Special.Govt. Pleader For Respondents : Mr.A.Baskaran 2 and 3 Additional Govt.Pleader For Respondent-4 : Mr.V.Ramana Reddy

O R D E R

The Writ Petition is filed seeking issuance of a Writ of Mandamus directing the respondents 2 and 3 to defer the survey of the land and fixation of boundary in the land comprised in S.No.458/11A(R.S.No.458/11A3, 11A1) of Keelaveeranam Village, Keela Keralampudhur Taluk, Tenkasi District till the disposal of proceedings in Na.Ka.No.3927/Aa2/2023 pending on the file of first respondent which relates to cancellation of the fraudulent document No.748/2017, dated 17.3.2017 on the file of Uthumalai Sub Registrar, Tenkasi District executed by the father of the fourth 2/5

respondent in his favour.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Now by virtue of the decision rendered by the Division Bench in Kathirvel .vs. Inspector General of Registration reported in MANU/TN/4032/24, Section 77-A of Registration Act has been struck down and the first respondent cannot go into the question regarding fraudulent nature of the document. 4.In such circumstances, it is for the Petitioner to approach the competent Civil Court, for necessary relief, in the manner known to law.

5.Accordingly, the Writ Petition stands dismissed, with liberty as stated above. No costs.

16.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No 3/5

vsn To 1.The District Registrar, Registration Department, Integrated Registration Office, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudhur Taluk, Tenkasi District.

3.The Head Surveyor, V.K.Pudhur Taluk Office, V.K.Pudhur Taluk, Tenkasi District.

S.SOUNTHAR.,J.

vsn ORDER MADE IN 4/5

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