Petitioners challenged an order refusing to invoke Section 77A of the Registration Act to cancel a sale deed registered in Kerala. The court held Tamil Nadu authorities lack jurisdiction over foreign-registered documents and dismissed the writ petition.
The Writ Petition is dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.1377 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.1377 of 2023 and
W.M.P.Nos.1447 & 1448 of 2023
5.Jothimalar ...Petitioners
-Vs-
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3.The District Registrar, Office of the District Registrar, Ariyalur, Ariyalur District.
4.The District Registrar, Office of the District Registrar, Perambalur, Perambalur District.
5.The Sub-Registrar, Office of the Sub-Registrar of Perambalur, Perambalur District.
6.Sara Begum
7.Jerina Begum
8.Sabina
9.R.Raju
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in his proceedings bearing Na.Ka.No.127/E1/2019 dated 15.03.2022 and the impugned order passed by the 3rd respondent vide proceedings Na.Ka.No.6098/A2/2017 dated 31.01.2018 and quash the same and consequently direct the 4th respondent to invoke the provision of Section 77A of the Registration Act and to reconsider the complaint of the petitioners in proper prospect and to dispose of the same within a time frame.
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| For Petitioners | : | Mr.G.Ilamurugu |
|---|---|---|
| For R1 to R5 | : | Mr.D.Ravichander Special Government Pleader |
| For R6 to R8 | : | Mr.Sunny.S for Ms.V.Srimathi |
| For R9 | : | Mr.R.Ragavendran |
ORDER
The order dated 31.01.2018 issued by the District Registrar, Ariyalur, refusing to entertain the application submitted by the petitioners in view of Circular 67 of 2011, is under challenge in the present Writ Petition.
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was made in the encumbrance on the file of the Sub-Registrar, Perambalur in the year 2012. The petitioners are claiming right over the subject property. Thus, they have filed an application to cancel the sale deed of the year 1996, which was registered in Kerala and the consequential entries made in the office of the Sub-Registrar at Perambalur. The contention of the petitioners is that the property is situated in the State of Tamil Nadu and therefore, the District Registrar, in the State of Tamil Nadu, is empowered to cancel the document.
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Circular as of now. With reference to Section 77A of the Act. it is amended under the Tamil Nadu Act 41 of 2022. The said amendment made under the Registration Act by inserting Section 77A cannot be exercised with reference to the documents registered in other States. The amendment can be effected within the territory of the State of Tamil Nadu and therefore, the documents registered in other States are beyond the jurisdiction of the registering authority or the appellate authority of the Registration Department in the State of Tamil Nadu. The Registration Department authorities in the State of Tamil Nadu has no power or jurisdiction to call for the documents registered in other States and therefore, the power under Section 77A of the Act cannot be exercised by the District Registrar of the Registration Department in the State of Tamil Nadu in respect of the documents registered in the State of Kerala.
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apprehension that the contesting respondents have alienated the property. In this regard, the petitioners are at liberty to seek appropriate relief before the competent Court of law by following the procedures.
impugned passed by the District Registrar, refusing to entertain an application for the purpose of invoking 77A of the Act, is in consonance with the spirit of the amendment effected and there is no infirmity as such.
Consequently, connected miscellaneous petitions are closed.
26.07.2023
Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-speaking order hvk
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To
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S.M.SUBRAMANIAM, J.
hvk
W.P.No.1377 of 2023
26.07.2023
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2 issues framed by the court
Whether the District Registrar in Tamil Nadu has jurisdiction to exercise powers under Section 77A of the Registration Act regarding documents registered in Kerala.
Whether the impugned order refusing to entertain the application to invoke Section 77A is valid in light of the amendment's territorial limits.
1 provisions across 1 enactments
Thangarasu
Sarojini
Thanaletchumy
Mahadevan
Jothimalar
The Inspector General of Registration
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
