Madras High Court
D.Kalidoss vs Inspector General Of Registration on 12 November, 2025
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.No.32259 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2025
CORAM
The HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
Writ Petition No.32259 of 2024
and
WMP.No.35050 of 2025
D.Kalidoss
... Petitioner
Vs.
1. Inspector General Of Registration
Sankara Naidu Street,
Thirupathiripuliyur,
Cuddalore-607 002.
2.The District Registrar
Office Of The District Registrar,
Registration Department,
63/a, Perumal Kovil Street,
Murungapakkam,
Tindivanam,
Villupuram-604 001.
3.District Collector,
Collector Office Road,
Moovendar Nagar,
Tindivanam-605 602.
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W.P.No.32259 of 2024
4.M.Sivakumar
Ponnamal (Died)
5. M.Elumalai
6.M.Mannangatti
7.M.Sagadevan
8.N.Vasantha
9.N.Rajesh
10.N.Vijayalakshmi
11.N.Naresh
(Respondents 5 to 6 are impleaded
as per order of this Court dated 12.11.2025
in WMP.No.42828 of 2024)
... Respondents
Writ Petition filed under Article 226 of the Constitution of India, for
issuance of Writ of Certiorarified Mandamus Calling for the entire records
of the 1st respondent and 2nd respondent vide Na.Ka. No.16/U/A/ 2023
dated 14.06.2023 and Na.Ka.No.2476/ A1/ A3/ 2022 dated 19.12.2022
respectively and quash the same and consequently restore the status quo
ante as on 19.12.2022
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W.P.No.32259 of 2024
For Petitioner : Mr.S.Karthikei Balan
For Respondents : Mr.U.Baranidharan
Special Government Pleader
(R1 to R3)
Mr.N.Thamizhanban (R4)
***
ORDER
This Writ Petition has been filed challenging the proceedings of the
respondents 1 and 2 dated 14.06.2023 and 19.12.2022 respectively and
quash the same and consequently restore the status quo ante as on
19.12.2022.
3. The learned counsel for the petitioner would submit that the
impugned order dated 19.12.2022 was passed by the 2nd respondent against
the petitioner by invoking the provision under Section 68(2) of the
Registration Act,1908(in short 'the Act'). Being aggrieved the petitioner
filed an Appeal before the 1st respondent and the said Authority vide order
dated 14.06.2023 has upheld the order of the 2nd respondent. The aforesaid
orders are under challenge in this Writ Petition. Further, he would submit
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that this Court in the case of M.Kathirvel Vs. The Inspector General of
Registration Department and others reported 2024 (4) CTC 769, has struck
down the Sections 77-A and 68(2) of the Act holding that the same are
unconstitutional and it has no retrospective effect and the registering
authority has no power to cancel or invalidate the documents already
registered and relegated the parties to the Civil Court and therefore in view
of the same, any order passed under the aforesaid Acts has become null and
void. He therefore prays to set aside the impugned orders.
4. The learned Special Government Pleader appearing for the
respondents 1 and 2 as well as the learned counsel appearing for the 4th
respondent acceded the submissions made by the learned counsel for the
petitioner.
5. Heard both sides. Perused the records.
6. Considering the submissions made by the learned counsel
appearing on either side and in view of the aforesaid Judgment of this Court
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in M.Kathirvel Vs. The Inspector General of Registration Department and
others reported 2024 (4) CTC 769, the order passed by the 2nd respondent
under Section 68(2) of the Act and the consequent order of the 1st
respondent dated 14.06.2023, confirming the order of the 2nd respondent are
liable to be set aside. Accordingly, the orders impugned herein are set
aside. While setting aside the aforesaid orders, the parties are granted
liberty to agitate their issue before the appropriate Civil Court, if so desired.
With the above observation, this Writ Petition is disposed of. No
costs.
12.11.2025
(2/2)
Index : Yes / No
Neutral Citation : Yes / No
Speaking Order : Yes / No
arr
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To
1. Inspector General Of Registration
Sankara Naidu Street,
Thirupathiripuliyur,
Cuddalore-607 002.
2.The District Registrar
Office Of The District Registrar,
Registration Department,
63/a, Perumal Kovil Street,
Murungapakkam,
Tindivanam,
Villupuram-604 001.
3.District Collector,
Collector Office Road,
Moovendar Nagar,
Tindivanam-605 602.
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KRISHNAN RAMASAMY, J.
arr
Writ Petition No.32259 of 2025
12.11.2025
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