Madras High CourtWP(MD)/26183/2025disposed of

F.Patrick Robinston v. The District Registrar

2025-09-23Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.26183 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.26183 of 2025 F.Patrick Robinson ... Petitioner Vs.

1. The District Registrar, O/o.District Registrar, Palayamkottai, Tirunelveli.

2. The Sub-Registrar, O/o.Sub Registrar, Melapalayam, Palayamkottai, Tirunelveli.

3. Durai

4. Ramasamy

5. Muthulakshmi

6. Santhakumar

7. Janaki

8. Megala ... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct enquiry and take appropriate action against the respondents 3 to 8 in respect of the two forged power of attorney registered in Doc.No.1848/2025 and Doc.No.2643/2025 on the file of the second respondent considering the petitioner's representation dated 18.08.2025 within a time frame stipulated by this Court.

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2 W.P.(MD)NO.26183 OF 2025 For Petitioner : Mr.C.Venkatesh For R-1 & R-2 : Mr.D.Gandhiraj, Special Government Pleader.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2.

2. Issuance of notice to the respondents 3 to 8 is dispensed with.

3. The petitioner claims to have purchased the petition-mentioned property through Court auction sale. He is aggrieved by the fact that the respondents 4 to 8 executed power of attorney in favour of the third respondent in respect of the very same property. The petitioner therefore had given representation to the registering authority to conduct enquiry.

4. As rightly pointed out by the learned Special Government Pleader, since Section 77-A of the Registration Act was struck down by this Court, there may not any scope for the authorities to act in the 2/4

3 W.P.(MD)NO.26183 OF 2025 matter. If the respondents 4 to 8 have executed the power of attorney, it cannot be called as a forged power of attorney. If according to the petitioner, the respondents 4 to 8 have any title over the property, the remedy available to the petitioner is only to move the jurisdictional civil Court. Granting such liberty to the petitioner, this writ petition stands dismissed. No costs. 23.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Registrar, O/o.District Registrar, Palayamkottai, Tirunelveli.

2. The Sub-Registrar, O/o.Sub Registrar, Melapalayam, Palayamkottai, Tirunelveli.

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4 W.P.(MD)NO.26183 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.26183 of 2025 23.09.2025 4/4