K.Thaheerunniza Begum v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.11828 of 2024 K.Thaheerunniza begum ... Petitioner vs.

1.The District Registrar, Thanjavur,Thanjavur District.

2.T.V.Kabilan 3.H.Karimunniza Begum(died) 4.B.Prabu Balraj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records of the 1st respondent proceeding in Mu.Mu.No.3780/A4/2022 dated on 04.09.2023 regarding canceled the registered document Nos.47/2009, 51/2009 and 52/2009 on the file of Sub Registrar office, Karunthattankudi, Thanjavur District by invoking under section 77(A) of Registration Act and to quash the same. 1/4

For Petitioner : Mr.A.Senthilkumar For Respondents : Mr.S.Saji bino Special Government Pleader, for R1 Mr.R.Rajaraman. For R2

ORDER

The present Writ Petition has been filed for issuance of a Writ of Certiorari to quash the 1st respondent proceeding dated 04.09.2023.

2. The present impugned order was passed under Section 77A of the Registration Act. The respondent is not having right or jurisdiction to entertain any claim under Section 77A of the Registration Act, as it has been held to be ultra vires.

3. Accordingly, this writ petition is allowed. The impugned proceedings issued by the 1st respondent dated 04.09.2023, is hereby quashed. The parties are at liberty to approach the competent civil court to agitate their rights. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 2/4

To The District Registrar, Thanjavur,Thanjavur District.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED : 08.08.2025 4/4