Tmt.Ezhil Arasi vs The District Registrar ...
2023 Latest Caselaw 12012 Mad

                                                                                    W.P.No.26095 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 07.09.2023

                                                           CORAM

                                  THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                  W.P.No.26095 of 2023
                                                          and
                                             W.M.P.Nos.25499 & 25501 of 2023


                     Tmt.Ezhil Arasi                                                   ... Petitioner

                                                             Vs.

                     1.The District Registrar (Administration Thiruvarur),
                       Office of the Registrar, Thiruvarur.

                     2.Manaazhagan                                              ... Respondents


                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Certiorari, calling for records of the 1st respondent dated
                     24.05.2023 in Na.Ka.1419/b3/2023 dated-/05/2023.


                                     For Petitioner           : Mr.N.A.Nissar Ahamed,
                                                                Senior Counsel for
                                                                Mrs.I.Kowser Nissar

                                     For Respondent 1         : Mr.G.Krishna Raja,
                                                                Additional Government Pleader.




                     Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                                     W.P.No.26095 of 2023

                                                          ORDER

The Enquiry Notice issued by the District Registrar under Section

77-A of the Registration Act, 1908 is under challenge in the present writ

petition.

2. No writ against the Enquiry Notice is entertainable unless it is

issued by an incompetent authority having no jurisdiction or tainted with the

allegations of mala fide.

3. The learned Senior Counsel appearing on behalf of the petitioner

mainly contented that the operation of the amended of Section 77-A cannot

be applied retrospectively, so as to cancel the documents registered long

before. Such grounds can be taken during the course of enquiry before the

Competent Authority. The person approaching the Authority under the Act

may raise several grounds and the High Court, by entertaining a writ petition

against a notice cannot quash the notice on the ground that the provisions

cannot be applied retrospectively. Such legal ground also can be taken by the

petitioner at the time of adjudication before the Authority.

https://www.mhc.tn.gov.in/judis W.P.No.26095 of 2023

4. At the outset, the person aggrieved is at liberty to raise both the

factual and legal grounds before the District Registrar for the purpose of

establishing his case. Contrarily, the High Court cannot adjudicate the

disputed issues between the parties. Merely based on one legal ground,

notice need not be quashed and in such circumstances the rights of the other

parties will be prejudiced to raise other grounds or allegations in respect of

the complaint given.

5. Thus, the petitioner is at liberty to participate in the process of

enquiry, place documents, evidences and the Judgments passed by this Court

for the purpose of considering the issues on merits and in accordance with

law.

6. With these observations, the Writ Petition stands dismissed.

Consequently, connected miscellaneous petitions are closed. No costs.

07.09.2023 Index:Yes Speaking order Neutral Citation:Yes veda/sha

https://www.mhc.tn.gov.in/judis W.P.No.26095 of 2023

S.M.SUBRAMANIAM, J.

sha To

The District Registrar (Administration Thiruvarur), Office of the Registrar, Thiruvarur.

W.P.No.26095 of 2023 and W.M.P.Nos.25499 & 25501 of 2023

07.09.2023

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