Valliammai v. N.Senthil

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P(MD)No.18653 of 2025 Valliammai ... Appellant/4th respondent vs.

1. N.Senthil ... 1st Respondent/Writ petitioner 2.The District Registrar, Pattukkottai Registration Office, Pattukkottai, Thanjavur District.

3.The Sub Registrar, O/o.The Sub Registrar Office, Peravurani, Thanjavur District.

4. Balakrishnan ... Respondents 2 to 4/ Respondents Nos.1 to 3 PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 08.08.2025 made in W.P(MD)No.42 of 2024. 1/6

For Appellant : Mr.A.N.Ramanathan For R1 : Mr.C.Bharathi For R2 & R3 : Mr.A.Baskaran Additional Government Pleader For R4 : Mrs.Veenasree

JUDGMENT

[Judgment of the Court was made by N.SATHISH KUMAR, J.) Challenging the order of the learned Single Judge allowing the writ petition in W.P.(MD)No. 42 of 2024, dated 04.12.2025, the present writ appeal has been filed.

2. The first respondent filed the writ petition seeking a direction to the first respondent therein to cancel the Inam Settlement vide Document No. 342 of 2004, dated 20.02.2004. The learned Single Judge passed the following order:- "2. This Court without expressing any opinion on merits is directing the official respondents to consider the petitioner's representation dated 27.07.2023 and pass orders in accordance to law within a period of four weeks from the date of receipt of a copy 2/6

of this order. If the application is submitted under Section 77(A) of the Registration Act, the official respondents are directed to conduct an enquiry under Section 83 of the Registration Act, after issuing notice to all the parties and thereafter, pass orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order."

3. The learned counsel appearing for the first respondent submitted that the learned Single Judge, after considering the matter, had rightly allowed the writ petition.

4. Heard both sides and perused the materials available on record.

5. The very power vested in the Registering Authority to cancel a document under Section 77(A) of the Registration Act has been struck down by the Division Bench of this Court in the case of M. Kathirvel vs. The Inspector General of Registration and five others in W.P. Nos. 10291 of 2022, etc., batch. 3/6

6. In such view of the matter, the question of authority to conduct an enquiry does not arise. Hence, the order of the learned Single Judge dated 08.08.2025 is set aside, and the writ appeal is allowed. No costs. Consequently, the connected miscellaneous petition is closed. [N.S.K.,J.] [M.J.R.,J.] 02.04.2026 NCC : Yes / No Index : Yes / No am 4/6

To 1.The District Registrar, Pattukkottai Registration Office, Pattukkottai, Thanjavur District.

2.The Sub Registrar, O/o.The Sub Registrar Office, Peravurani, Thanjavur District.

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N.SATHISH KUMAR ,J.

and M.JOTHIRAMAN,J.

am ORDER MADE IN DATED : 02.04.2026 6/6