Jayarama Reddy vs The District Registrar
2023 Latest Caselaw 11271 Mad

                                                                                      W.P.No.25109 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 25.08.2023

                                                           CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                W.P.No.25109 of 2023
                                                        and
                                            WMP.Nos.24538 and 24540 of 2023



                     Jayarama Reddy                                        ... Petitioner

                                                             Vs.

                     1.The District Registrar,
                       Krishnagiri District,
                       Krishnagiri.

                     2.Bharath                                             ... Respondents



                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Certiorari, to call for the records with respect to the
                     impugned proceedings of the 1st Respondent in Na.Ka.No.8395/U/2021,
                     dated 30.06.2023 purportedly issued under section 77A of the Registration
                     Act, quash the same.
                                     For Petitioner           : Mr.J.Pradeep

                                     For Respondent 1         : Mr.E.Sundaram
                                                                Government Advocate


                     Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                                      W.P.No.25109 of 2023



                                                           ORDER

The order dated 30.06.2023 passed by the District Registrar under

section 77A of the Registration Act is under challenge in the present writ

petition.

2. The learned counsel for the petitioner mainly contended that the

subject document was registered in the year 2014, which is now cancelled by

exercising the powers conferred under section 77A of the Registration Act by

the District Registrar which is impermissible.

3. Section 77A cannot be exercised to cancel the documents, which

were registered before the amendment made under section 77A of the Act

with effect from 16.08.2022. Thus, the District Registrar has exercised the

powers excessively. However, the order impugned indicates that the

petitioner has got a right of appeal under section 77B of the Registration Act.

All such legal and factual grounds may be raised by the petitioner by

preferring an appeal.

4. Appellate remedy contemplated under the Statute is an efficacious

https://www.mhc.tn.gov.in/judis W.P.No.25109 of 2023

one. The importance of appellate remedy at no circumstances be undermined

by the High Court. An aggrieved person need not be deprived of the right of

appeal unnecessarily. Only on certain exceptional circumstances, in the event

of gross injustice, the High Court would entertain a writ petition by

dispensing with the appellate remedy and in normal circumstances, an

aggrieved person is expected to exhaust the appellate remedy contemplated

under the statute in the manner known to law. Thus, the petitioner is at liberty

to raise all the grounds raised in the present writ petition and submit the

judgments before the appellate authority by preferring an appeal as stipulated

in the order impugned.

5. With this liberty, the writ petition stands dismissed. No costs.

Consequently, connected miscellaneous petitions are closed.

25.08.2023

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Index : Yes Speaking order

https://www.mhc.tn.gov.in/judis W.P.No.25109 of 2023

To

1.The District Registrar, Krishnagiri District, Krishnagiri.

https://www.mhc.tn.gov.in/judis W.P.No.25109 of 2023

S.M.SUBRAMANIAM, J.

nl

W.P.No.25109 of 2023

25.08.2023

https://www.mhc.tn.gov.in/judis