A.C.Kamaraj vs The District Registrar
2023 Latest Caselaw 13666 Mad

                                                          1        W.P.(MD)NO.6223 OF 2022

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 09.10.2023

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           W.P.(MD)No.6223 of 2022

                     A.C.Kamaraj                                       ... Petitioner
                                                        Vs.
                     The District Registrar,
                     Madurai North Registration District,
                     Madurai.                                        ... Respondent

                                  Prayer: Writ petition filed under Article 226 of the
                     Constitution of India, to issue a Writ of Mandamus, directing
                     the respondent herein to consider the representation of the
                     petitioner dated 21.02.2022 in the light of the circular under
                     letter No.41530/U1/2017 dated 08.11.2017 and to pass orders
                     on merits and in accordance with law within the stipulated
                     time frame.


                                  For Petitioner    : Mr.Krishnan,
                                                      for Mr.K.R.Laxman.

                                  For Respondent : Mr.M.Sidharthan,
                                                   Additional Government Pleader.

                                                      ***
                                                    ORDER

Heard both sides.

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

2 W.P.(MD)NO.6223 OF 2022

2. The petitioner has submitted representation dated

21.02.2022 for cancelling the series of documents that were

executed and registered right from the year 2006. This writ

petition has to be dismissed for more than one reason. Firstly,

the necessary parties have not been added as parties in the

writ petition. The petitioner has referred to circular No.67

dated 03.11.2011 which had been withdrawn long back. The

petitioner relied on Section 77A of the Registration Act.

Section 77A of the Act does not confer power on the

respondent to cancel the document what has already been

registered. In these circumstances, the petitioner has to

necessarily wait for the decision of the Hon'ble Larger Bench

on the applicability of Section 77A of the Act. The petitioner

can very well renew his request after pronouncement of the

judgment by the Hon'ble Larger Bench.

3. With this liberty to the petitioner, this writ petition

stands dismissed. No costs.

                                                                              09.10.2023

                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes/ No
                     PMU

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

3 W.P.(MD)NO.6223 OF 2022

To:

The District Registrar, Madurai North Registration District, Madurai.

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

4 W.P.(MD)NO.6223 OF 2022

G.R.SWAMINATHAN,J.

PMU

W.P.(MD)No.6223 of 2022

09.10.2023

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