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Madras High CourtWP(MD)/27249/2023disposed of

Madhavan. D v. The District Registrar

2023-11-15Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN D.Madhavan ... Petitioner Vs.

1.The District Registrar, Virudhunagar District, Virudhunagar.

2.The Joint Sub Registrar No.II, Sub Registrars' Office, Virudhunagar, Virudhunagar District.

3.A.M.D.Nagendran 4.N.Leela Vinoth ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to cancel the Sale Deed in Document No.6553/2016, dated 16.09.2016 on the file of second respondent by exercising his Quasi - Judicial power under Section 77A of the Registration Act, 1908 by 1/4

considering the petitioner's wife's representation dated, 23.01.2022 within a stipulated time fixed by this Court. For Petitioner : Mr.M.Solaisamy For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 & R.2

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents.

2.The petitioner wants this Court to direct the first respondent to invoke his power under Section 77-A of the Registration Act, 1908. The petitioner has to necessarily await the decision of the Larger Bench. The first respondent is directed to keep the petitioner's complaint pending. He shall take a call based on the decision of the Larger Bench / Hon'ble Division Bench.

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3.This writ petition is disposed of accordingly. There shall be no order as to costs.

15.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Registrar, Virudhunagar District, Virudhunagar.

2.The Joint Sub Registrar No.II, Sub Registrars' Office, Virudhunagar, Virudhunagar District.

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G.R.SWAMINATHAN, J.

MGA 15.11.2023 4/4