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Madras High CourtWP(MD)/2309/2023allowed

Mohamed Nazar.A.R v. The District Registrar (Admin)

2025-04-07Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2025

CORAM

THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN WP.MD No.2309 of 2023 and WMP.MD.Nos.2073 & 2074 of 2023

1. Mr. A.R. Mohamed Nazar

2. Mr. A.R.Mohamed Shamsudeen

3. Mr. A.R.Mohamed Mehaboob

4. Mr. P. J. Agalya ..Petitioners Vs

1. The District Registrar (Admin), O/o. District Registrar Office, Court Compus, Contonment, Trichy 620 001.

2. The District Collector, Trichy, Trichy District.

3. The District Revenue Officer, Trichy, Trichy District.

4. The Revenue Divisional Officer, Trichy, Trichy District.

5. The Tahsildar, Trichy Town, Trichy District.

6. Mr. Pannalal

7. Mr. Parasmul

8. Mr.Ganshyam

9. Mr. Devraj

10. Mr. Naveen Chand ..Respondents For Petitioner : Mr. Anto Prince. G For Respondents: Mr. R. Sureshkumar, AGP for R1 to R5 : Mr. R. Sundar, for R6 to R10

ORDER

The petitioners challenge the impugned notice, which had been issued invoking Section 77-A of the Registration Act.

2. Section 77-A has been strucked down as unconstitutional by a Division Bench of this Court in M.Kathirvel /vs/ Inspector General of Registration in 2024(4) CTC page 759. When the provision itself has been struck down as unconstitutional, any proceedings initiated thereunder would also have to fall to the ground.

3. Consequently, the Writ Petition is allowed and the impugned notice is quashed. No costs. Needless to add the issues raised by the private respondents, can be raised before the Jurisidictional Civil Court, if they so desire. Consequently, connected miscellaneous petitions are closed. 07.04.2025 mrp To

1. The District Registrar (Admin), O/o. District Registrar Office, Court Compus, Contonment, Trichy 620 001.

2. The District Collector, Trichy, Trichy District.

3. The District Revenue Officer, Trichy, Trichy District.

4. The Revenue Divisional Officer, Trichy, Trichy District.

5. The Tahsildar, Trichy Town, Trichy District.

V. LAKSHMINARAYANAN, J.

mrp WP.MD No.2309 of 2023 and WMP.MD.Nos.2073 & 2074 of 2023 07.04.2025