Isaac .Y v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Y.Isaac ... Petitioner Vs.

1.The District Registrar, Administration, Palaiyankottai, Tirunelveli.

2.The Sub-Registrar, Nazareth, Tuticorin District.

2.Narayana Perumal Ramachandran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the 1st respondent in his notice in Na.Ka.3457/A3/2022 dated 09.08.2023 and quash the same.

For Petitioner : Mr.N.Suresh For Respondents : Mr.M.Prakash, Add. Government Pleader for R1 & R2.

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ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 and 2. 2.The petitioner purchased the petition mentioned property vide Document No.260/2008 on the file of the second respondent. Invoking Section 77-A of the Registration Act, 1908, the third respondent has given a complaint for cancelling the said document. The first respondent has issued notice dated 09.08.2023 calling upon the petitioner to appear for enquiry. Challenging the same, the present writ petition came to be filed.

3.The issue regarding of applicability of Section 77-A of the Act is pending consideration before the Hon'ble Larger Bench. The Inspector General of Registration has also issued circular calling upon the District Registrar to keep all the enquires pending. Therefore, the first respondent shall keep the complaint on his file and take a call based on the outcome of the case pending before the Hon'ble Larger bench. 2/4

4.This writ petition is disposed of accordingly. No costs. 06.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Registrar, Administration, Palaiyankottai, Tirunelveli.

2.The Sub-Registrar, Nazareth, Tuticorin District.

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G.R.SWAMINATHAN, J.

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