Madras High CourtWP(MD)/27685/2023disposed of

Sathyakumar v. The District Collector

2025-08-08Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.27685 of 2023 and W.M.P(MD)Nos.23796 & 23797 of 2023 Sathyakumar ... Petitioner vs.

1.The District Collector, Virudhunagar,Virudhunagar District.

2.The Revenue Divisional Officer, Sathur,Virudhunagar District.

3.The Sub-Registrar, Sub-Registrar Office, Pandalkudi, Virudhungar District.

4.The District Registrar,(Admin.,) Virudhunagar,Virudhunagar District.

5.The Tahsildar, Sathur Taluk,Virudhunagar District.

6.Palaniyammal 7.Ramasubbu ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records or any other 1/4

appropriate writ or order, in the nature of writ, to call for the records pertaining to the Impugned Order passed by the 4th Respondent vide his proceedings in Na.Ka.No. 5675/A5/A6/ 2022 dated 18.07.2023 and quash the same as illegal. For Petitioner : Mr.Mr.C.Mayilvahana Rajendran For Respondents R1 to R5 : Mr.D.Sasikumar Additional Government Pleader For R6 and R7 : Mrs.A.S.Rajeswari

ORDER

The present Writ Petition has been filed for issuance of a Writ of Certiorari to quash the Impugned proceedings passed by the 4th Respondent dated 18.07.2023.

2. The present impugned order was passed under Section 77A of the Registration Act. The respondents are not having right or jurisdiction to entertain any claim under Section 77A of the Registration Act, as it has been held to be ultra vires.

3. Accordingly, this writ petition is allowed. The impugned proceedings dated 18.07.2023, is hereby quashed. The parties are at liberty to approach the competent civil court to agitate their rights. The petitioner submitted that he has 2/4

already filed a suit. In case, if the petitioner is aggrieved, he is at liberty to file a fresh suit. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To 1.The District Collector, Virudhunagar,Virudhunagar District.

2.The Revenue Divisional Officer, Sathur,Virudhunagar District.

3.The Sub-Registrar, Sub-Registrar Office, Pandalkudi, Virudhungar District.

4.The District Registrar,(Admin.,) Virudhunagar,Virudhunagar District.

5.The Tahsildar, Sathur Taluk,Virudhunagar District.

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S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No.27685 of 2023 DATED : 08.08.2025 4/4