Madras High CourtWP(MD)/12975/2024disposed of

Lakshmipathy .A 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 A.Lakshmipathy ... Petitioner Vs.

1.The District Registrar, District Registrars Office, Tiruchirapalli, Tiruchirapalli District.

2.The Sub-Registrar, Sub-Registrars Office, K Sathanoor, Tiruchirapalli District.

3.A.Navaneethakrishnan 4.A.Parthasarathy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to consider the petitioner's representation dated 04.06.2024 and to cancel two fraudulent documents in Document No.1749/2024 dated 15.03.2024 and Document No.2030/2024 dated 28.03.2024 pending on the file of the 2nd respondent and to direct the 2nd respondent not to register any further documents till the disposal of the O.S.No.515/2012, O.S.No.1069/2012, 1/4

O.S.No.1485/2012, O.S.No.194/2023, O.S.No.99/2021, O.S.No.100/2021 and O.S.No.101/2021 pending on the file of the District Munsif, Tiruchirapalli. For Petitioner : Mr.V.Santhakumaresan For Respondents : Mr.B.Saravanan, Addl. Government Pleader for R1 & R2.

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 and 2. 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.

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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, District Registrars Office, Tiruchirapalli, Tiruchirapalli District.

2.The Sub-Registrar, Sub-Registrars Office, K Sathanoor, Tiruchirapalli District.

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G.R.SWAMINATHAN, J.

ias 02.07.2024 4/4