G.S.Kandasamy vs The District Registrar
2024 Latest Caselaw 406 Mad

Madras High Court

G.S.Kandasamy vs The District Registrar on 5 January, 2024

Author: S.Vaidyanathan

Bench: S.Vaidyanathan

                                                               1/4                         W.A.No.199/2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED :: 05-01-2024

                                                              CORAM

                                   THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                                               AND

                                     THE HONOURABLE MR.JUSTICE K.RAJASEKAR

                                                     W.A.No.199 of 2024

            G.S.Kandasamy                               ...                Appellant

                                                        -vs-

            1.The District Registrar,
              Registration Department,
              Erode – 9.

            2.S.Nallasivam                              ...                Respondents

                                  Appeal under Clause 15 of the Letters Patent against the order, dated
            08.06.2023, passed in W.P.No.16993 of 2023.


                                       For Appellant : Mrs.T.Tamilselvi
                                                       for Mr.C.Prakasam

                                       For Respondent 1 : Mrs.Meera Arumugam




https://www.mhc.tn.gov.in/judis
                                                               2/4                              W.A.No.199/2024



                                                         JUDGMENT

(By S.Vaidyanathan,J.)

This intra court appeal has been preferred against the order of the learned

single Judge, dated 08.06.2023, passed in W.P.No.16993 of 2023.

2. The respondent authority, by the order, dated 07.01.2021, has held that

the remedy lies before the Civil Court and the issue of forgery of documents cannot be

gone into by the authority. It is further stated therein that if the appellant is aggrieved,

he is entitled to prefer an appeal before the appellate authority within 60 days .

3. The appellant would contend that in view of the amendment to Section

77-A of the Registration Act, the authority is empowered to decide the issue in question.

4. Even assuming for the sake of argument that the above said contention is

accepted, the appellant will have to knock the doors of the appellate authority, as could

be seen from the penultimate paragraph of the order of the authority. In view of the

above, we are not inclined to accept the contention and reject the same, permitting the

appellant to prefer an appeal before the appellate authority within 30 days from the date

of receipt of this order, in which event, the appellate authority is directed consider the

same and pass appropriate orders on merit and in accordance with law, after affording

an opportunity of hearing to all the parties concerned, within a period of three months

thereafter. We make it clear that the appellant is at liberty to place all factual and legal

submissions before the appellate authority for a decision to be taken.

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

5. Writ Appeal is disposed of accordingly. No costs.

            Index : Yes/No                                                     (S.V.N.,J.)      (K.R.S.,J.)
            Internet : Yes/No                                                          05-01-2024
            dixit




            To

            The District Registrar,
            Registration Department,
            Erode – 9.




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





                                         S.VAIDYANATHAN,J.
                                         AND
                                         K.RAJASEKAR,J.



                                                                      dixit









                                             05-01-2024




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