Rajendran.S v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Rajendran ... Petitioner Vs.

1.The District Registrar, Office of the District Registrar, Tirunelveli District.

2.The Sub Registrar, Office of the Sub Registrar, Radhapuram, Tirunelveli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to cancel the false registered document vide Numbers.1125/2008, 1542/2017 and 1544/2017 registered in Radhapuram, Sub-Registrar Office by considering the petitioner's representation on 18.02.2023.

For Petitioner : Mr.G.Thaveethu For Respondents : Mr.M.Prakash Additional Government Pleader 1/4

ORDER

Heard both sides.

2. Vide order dated 02.01.2023 in W.P.(MD)No.6947 of 2019, I had held that Section 77A of the Registration Act will not have retrospective effect. Section 77 A of the Act will apply only in respect of the documents registered after 16.08.2022. In the case on hand, the petitioner seeks cancellation of the document that was registered in the year 2008 & 2017. I am conscious that the issue has been referred for consideration of the Larger Bench. Depending on the outcome of the reference, the first respondent will take a call on the petitioner's representation. In other words, no order will be passed on the petitioner's representation in the meanwhile.

3. The Writ Petition is disposed of. No costs. 05.10.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The District Registrar, Office of the District Registrar, Tirunelveli District.

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2.The Sub Registrar, Office of the Sub Registrar, Radhapuram, Tirunelveli.

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G.R.SWAMINATHAN, J.

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