Madras High Court
Lakshmanan vs The District Registrar on 17 September, 2025
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.No.35043 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2025
CORAM
The HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
Writ Petition No.35043 of 2025
and
WMP.Nos.39202 and 39205 of 2025
Lakshmanan
...Petitioner
Vs.
1. The District Registrar,
(Administration),
Office of The District Registrar,
Tindivanam, Villupuram District.
2.The Sub Registrar,
Office Of The Sub Registrar, Vanur,
Villupuram District.
3.The Superintendent Of Police,
Villupuram District.
4.The Inspector Of Police,
Auroville Police Station,
Thiruchirampalam,
Vanur Taluk,
Villupuram District.
5.The Auroville Foundation,
Rep. by its Secretary,
Auroville,
1/6
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W.P.No.35043 of 2025
Villupuram District.
6.Pachaiyappan
7.Kumar
... Respondents
Writ Petition filed under Article 226 of the Constitution of India, for
issuance of Writ of Certiorarified Mandamus to call for the records
pertaining to the impugned order dated 27.03.2023 in Na.Ka.No. 5146/ A3/
2022 passed by the 1st Respondent District Registrar (Administration),
Tindivanam quash the same and consequently that the 1st respondent has no
jurisdiction to annul or cancel a registered settlement deed dated 25.7.1990
particularly in the face of a binding civil court decree.
For Petitioner : Mr.D.Edwin Yuvan Raj
For Respondents : Mr.Abishek Murthy
Government Advocate (R1 and R2)
Mr.L.Baskaran (Crl.side) (R3 and R4)
Government Advocate
***
ORDER
Mr.Abishek Murthy, learned Government Advocate takes notice on
behalf of the respondents 1 and 2. Mr.L.Baskaran (Crl.side), learned
Government Advocate (Crl.side) taes notice on behalf of the respondents 3
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and 4.
2. The challenge in this Writ Petition is to the order dated 27.03.2023
passed by the 1st respondent, cancelling the Settlement Deed dated
25.07.1990 and to quash the same.
3. The learned counsel for the petitioner would submit that the 1st
respondent has no authority to cancel or nullify the Settlement Deed,
especially in the face of decree of a competent civil Court. Further, he
would submit that Division Bench of this Court in a batch of cases vide
Judgment dated 02.08.2024 in W.P.No.10291 of 2022, etc., batch has held
that Section 77A of the Registration Act is 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. Therefore, by virtue of the aforesaid Judgment, the impugned
order passed by the 1st respondent is liable to be quashed.
4. The learned Government Advocate appearing for the respondents1
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and 2 also accepted the said contention and prayed for appropriate orders.
5. Considering the submissions made by the learned counsel
appearing on either side and in view of the aforesaid Judgment of the
Division Bench of this Court dated 02.08.2024 in W.P.Nos.10291 of 2022,
etc., batch impugned order passed by the 3rd respondent is liable to be
quashed and accordingly the impugned order dated 17.02.2023 passed by
the 3rd respondent is quashed. However, the 3rd respondent-authority can
relegate the parties to Civil Court, if so advised.
6. With the above observations and directions, this Writ Petition is
disposed of. No costs. Consequently, connected Miscellaneous Petitions
are closed.
17.09.2025
Index : Yes / No
Neutral Citation : Yes / No
Speaking Order : Yes / No
arr
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To
1. The District Registrar,
(Administration),
Office of The District Registrar,
Tindivanam, Villupuram District.
2.The Sub Registrar,
Office Of The Sub Registrar, Vanur,
Villupuram District.
3.The Superintendent Of Police,
Villupuram District.
4.The Inspector Of Police,
Auroville Police Station,
Thiruchirampalam,
Vanur Taluk,
Villupuram District.
5.The Auroville Foundation,
Rep. by its Secretary,
Auroville,
Villupuram District.
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KRISHNAN RAMASAMY, J.
arr
Writ Petition No.35043 of 2025
17.09.2025
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