Pynthamilselvi v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.15173 of 2024 Pynthamilselvi ... Petitioner Vs.

1.The District Registrar, Registration Department, Tirunelveli District.

2.The Sub Registrar, Joint II Registrar Office, Tirunelveli District.

3.Dhanalakshmi ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus by directing the first respondent to cancel the document No.4675/2023 dated 10.11.2023, Document No.427/2024 dated 05.02.2024, Document No.2496, dated 25.06.2024 and Document No. 2497 dated 25.06.2024 by holding enquiry on the petitioner's complaint dated 03.05.2023 and to make necessary correction in the encumbrance. For Petitioner : Mr.C.Ezhilarasu For R1 & R2 : Mr.M.Sarangan Additional Government Pleader For R3 : Mr.T.Selvan 1/4

O R D E R

This writ petition has been filed to direct first respondent to cancel the document No.4675/2023 dated 10.11.2023, Document No.427/2024 dated 05.02.2024, Document No.2496, dated 25.06.2024 and Document No.2497 dated 25.06.2024 and to make necessary correction in the encumbrance.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. In view of the declaration of provision under Section 77-A of the Registration Act as unconstitution, the prayer sought for in this writ petition cannot be granted.

4. Accordingly, the writ petition is dismissed with liberty to the petitioner to approach the Civil Court for appropriate relief. No costs. Consequently, connected miscellaneous petition is closed. Internet : Yes Index : Yes/No 02.01.2025 Speaking/Non Speaking order am 2/4

To 1.The District Registrar, Registration Department, Tirunelveli District.

2.The Sub Registrar, Joint II Registrar Office, Tirunelveli District.

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G.K.ILANTHIRAIYAN, J.

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