Kunthavi v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.14683 of 2024 Kunthavi .. Petitioners Vs.

1. The District Registrar (Administration), Dindigul Registration District, Dindigul.

2. The Sub Registrar, Bathalgundu Sub Registrar Office, Bathalgundu, Dindigul District.

3. Pandiyan

4. M.Karuppasamy .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for the records in pertaining to the impugned order of the 1st Respondent vide his proceedings in O.Mu.No. 2468/A3/2024 on 26.04.2024 and to quash the same as illegal and to direct the official respondents to conduct enquiry and take necessary action as per Sections 82 and 83 of Registration Act - 1908 based on petitioner's representation dated 22.04.2024.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.S.Saji Bino Special Government Pleader for R1 & R2 : No appearance for R3 & R4

ORDER

The present writ petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 26.04.2024 and consequently, to direct the official respondents to conduct an enquiry and take necessary action as per Section 82 and 83 of Registration Act, 1908 based on the petitioner's representation dated 22.04.2024.

2.Through the impugned order, the official respondents have denied to take the petitioner's complaint dated 22.04.2024 stating that the issue of Section 77 A is pending before the Hon'ble Larger Bench, hence, the petitioner's complaint cannot be taken for further hearing. Aggrieved over the same, the present writ petition is filed.

3.In the Hon'ble Larger Bench, the issue is settled stating that the dispute regarding title cannot be decided by the Registrar under Section 77A. Further, the Hon'ble Full Bench has stuck down the Section 77 A itself. 4.Therefore, the impugned order declining to entertain the petitioner's complaint under Section 77A is legally valid. 5.Therefore, this Court is not inclined to set aside the impugned order since the same is valid as stated supra. The official respondents are empowered, if any

criminal case is made out under Sections 82 and 83 of the Act. If any criminal case is made out, appropriate proceedings may be initiated. But the official respondents are not having power to decide the title dispute between the parties. The petitioner is at liberty to approach the competent Civil Court. 6.With the above said observations, the writ petition is disposed of. No costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To

1. The District Registrar (Administration), Dindigul Registration District, Dindigul.

2. The Sub Registrar, Bathalgundu Sub Registrar Office, Bathalgundu, Dindigul District.

S.SRIMATHY , J.

Tmg ORDER MADE IN W.P(MD)No.14683 of 2024 DATED : 08.08.2025