Madras High CourtWP(MD)/13669/2024disposed of

Thangavel 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 Thangavel ... Petitioner Vs.

1.The District Registrar, District Registrar Office, Pudukkottai District.

2.The Sub Registrar, Sub Registrar Office, Keeranur, Pudukkottai District.

3.Sheik Abdullah 4.Ramajeyam 5.Pakkir Mohammed 6.Sakthivelu 7.Karthik ` ... 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 herein to cancel the Document No.823 of 2024 dated 01.02.2023 on the file of the 2nd respondent, pertaining to the property situated in Pudukkottai District, Kulathur Sub Registration, Illupur Taluk, Kundrandar Kovil Panjayat Union, 1/4

Lekkanam Patti Village Panjayat Union, Poonja S.F.No.52/3A, admeasuring 0.03.0 hectare acre, 0.08 cents in the light of petitioner representation dated 29.02.2024, and consequently restore its earlier position, within time frame fixed by this Court.

For Petitioner : Mr.R.Sakthivel For Respondents : Mrs.D.Farjana Ghoushia, Spl. Government Pleader for R1 & R2.

ORDER

Heard the learned counsel for the writ 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, District Registrar Office, Pudukkottai District.

2.The Sub Registrar, Sub Registrar Office, Keeranur, Pudukkottai District.

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G.R.SWAMINATHAN, J.

ias 02.07.2024 4/4