Madras High Court
P.G.Unni Krishnan vs The District Registrar on 18 October, 2024
Author: S.S.Sundar
Bench: S.S.Sundar
W.A.No.3176 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM
THE HON'BLE Mr. JUSTICE S.S.SUNDAR
AND
THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE
W.A.No.3176 of 2023
AND
C.M.P.No.26036 of 2023
P.G.Unni Krishnan .. Appellant
Vs.
1.The District Registrar
O/o.The District Registrar
Chennai (South)
Integrated Building for office of
Commercial Taxes and Registration Department
Fanepet, Nandanam, Chennai
2.The Sub Registrar
O/o.The Sub Registrar
Rajalakshmi Nagar
3rd Main Road, Velacherry
Chennai 600 042
3.Vedha
4.Manickam
5.Vivek Jain
6.Abhilasha Jain .. Respondents
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1/4
W.A.No.3176 of 2023
Writ Appeal filed under Clause 15 of the Letters Patent, against the order
dated 28.08.2023 passed by the learned Judge in W.P.No.11356 of 2023.
For Appellant : Mr.R.Rajarajan
For RR1 & 2 : Mr.B.Vijay
Additional Government Pleader
For R3 : Mr.Y.Venkatesan
R4 : No more
For RR5 & 6 : No appearance
JUDGMENT
(Delivered by S.S.SUNDAR, J.)
This writ appeal arises from the order dated 28.08.2023 passed by the
learned Single Judge in W.P.No.11356 of 2023.
2. The above said writ petition filed by the appellant for issuance of a
writ of mandamus directing the respondents 1 and 2 to cancel the power of
attorney dated 05.08.2011 bearing document No.943/2011 and the sale deeds
dated 01.12.2011 and 05.07.2013 bearing document Nos.7015/2011, 7016/2011
and 3949 of 2013, was rightly dismissed by the learned Single Judge holding
that the power under Section 77-A of the Registration Act, cannot be invoked
for the purpose of cancellation of documents, as the documents were registered
long before the amendment introducing Section 77-A of the Registration Act.
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The learned Judge further observed that the issues raised by the writ petitioner
should be adjudicated only by the civil Court and not by this Court in this writ
petition.
3. Further, this Court has struck down Section 77-A of the Registration
Act and therefore, there is no scope for entertaining an application for
cancellation of registered documents which were registered, prior to
introduction of Section 77-A of the Registration Act. Therefore, this Court is
of the view that the order of the learned Judge does not warrant any
interference. Accordingly, this writ appeal stands dismissed, granting liberty to
the appellant to work out his remedy before the civil Court. No costs.
Connected C.M.P. is closed.
[S.S.S.R.,J.] [A.D.M.C., J.]
18.10.2024
Index : Yes/No
Neutral Citation : Yes/No
gya
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S.S.SUNDAR, J.
AND
A.D.MARIA CLETE, J.
gya
To
1.The District Registrar
O/o.The District Registrar
Chennai (South)
Integrated Building for office of
Commercial Taxes and Registration Department
Fanepet, Nandanam, Chennai
2.The Sub Registrar
O/o.The Sub Registrar
Rajalakshmi Nagar W.A.No.3176 of 2023
3rd Main Road, Velacherry
Chennai 600 042
18.10.2024
https://www.mhc.tn.gov.in/judis
