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Madras High CourtWA(MD)/1288/2025dismissed as infructuous

The Inspector General Of Registration v. G.R.Parvathy

2025-06-12Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA and C.M.P(MD) No.7829 of 2025

1. The Inspector General of Registration Door No.100, Santhome High Court, Chennai- 600 028.

2. The District Registrar Virudhunagar.

3. The Sub Registrar Aruppukottai Sub Registrar Office Aruppukottai, Virudhunagar District.

... Appellants -vs1. G.R.Parvathy 2.P.Azhagar ... Respondents

Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in WP(MD) No. 27587 of 2022, dated 08.02.2023. For Appellants :

Mr. S.Shaji Bino Special Government Pleader For Respondents :

Mr.M.Jothi Basu

J U D G M E N T

[Judgment of the Court was made by A.D.JAGADISH CHANDIRA, J.] This writ appeal is directed against the order made in WP(MD)No.27587 of 2022, dated 08.02.2023.

2.

The above writ petition was filed for a Mandamus, directing the 2nd appellant to cancel the forged document registered by the 3rd appellant in Document No.7737/2011 dated 09.11.2011, by conducting an enquiry under Section 77-A of the Registration Act. The Writ Court dismissed the writ petition by impugned order, against which, the Registration Department has come up with this appeal.

3.

Today, when the writ appeal was taken up for hearing, learned Special Government Pleader appearing for the appellants would submit that the writ appeal has become infructuous in view of Division Bench judgment of the Madras High Court reported in (2024) 5 MLJ 107, M.Kathirvel vs. Inspector General of Registration, wherein, the Division Bench has struck down Section 77-A of the Registration Act, 1908, holding it as unconstitutional.

4.

Recording the said submission, this Writ Appeal is dismissed as infructuous. No costs. Connected miscellaneous petition stands closed. [A.D.J.C., J.] [R.P., J.] 12.06.2025 Index : Yes / No bala

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA , J.

bala To

1. The Inspector General of Registration Door No.100, Santhome High Court, Chennai- 600 028.

2. The District Registrar Virudhunagar.

3. The Sub Registrar Aruppukottai Sub Registrar Office Aruppukottai, Virudhunagar District.

JUDGMENT MADE IN W.A(MD)No.1288 of 2025 DATED : 12.06.2025