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Madras High CourtWP(MD)/24155/2023disposed of

Muthuramalingam.B v. The Inspector General Of Registration

2023-10-05Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN B.Muthuramalingam ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome Road, Chennai-600028.

2.The District Registrar, 58/1, Cutchery Road, Virudhunagar-626 001.

3.The Sub Registrar, 23, Thiruvenkata Annaikal Street, Srivilliputhur-626 125, Virudhunagar District.

... 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 2nd respondent to conduct an enquiry on petitioner representation dated 27.12.2022 after affording opportunities to all interested parties and adopting due process of law and to dispose petitioner application (Form 1) for cancellation of documents vide Document No.2240/2006, 4407/2008, 7339/2008, 3916/2009, 110/2009, 6206/2010, 1808/2009, 3065/2010 and 3425/2010 within a time to be fixed by this court.

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For Petitioner : Mr.K.Vijayanand For Respondents : Mr.M.Siddharthan Additional Government Pleader

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 between 2006 to 2010. I am conscious that the issue has been referred for consideration of the Larger Bench. Depending on the outcome of the reference, the second 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 2/4

To 1.The Inspector General of Registration, 100, Santhome Road, Chennai-600028.

2.The District Registrar, 58/1, Cutchery Road, Virudhunagar-626 001.

3.The Sub Registrar, 23, Thiruvenkata Annaikal Street, Srivilliputhur-626 125, Virudhunagar District.

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G.R.SWAMINATHAN, J.

rmi 05.10.2023 4/4