Writ appeal challenging dismissal of a mandamus seeking cancellation of a power of attorney and sale deeds. The Division Bench held Section 77-A could not apply retrospectively and had been struck down, dismissed the appeal with liberty to approach the civil Court.
Liberty granted to appellant to work out remedy before the civil Court; 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.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 AND C.M.P.No.3108 of 2024
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
5.Vivek Jain
6.Abhilasha Jain
.. Respondents
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
J U D G M E N T
(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.
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.
2/4
W.A.No.3176 of 2023
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.
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.Ps are closed.
[S.S.S.R.,J.] [A.D.M.C., J.] 18.10.2024
Index : Yes/No Neutral Citation : Yes/No gya
3/4
W.A.No.3176 of 2023
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 3rd Main Road, Velacherry Chennai 600 042
W.A.No.3176 of 2023
18.10.2024
4/4
2 issues framed by the court
Whether Section 77-A of the Registration Act can be invoked to cancel registered documents executed before its introduction.
Whether the writ petition was maintainable or the issues required adjudication by the civil Court.
1 provisions across 1 enactments
P.G.Unni Krishnan
The District Registrar O/o.The District Registrar Chennai (South)
The Sub Registrar O/o.The Sub Registrar Rajalakshmi Nagar
Vedha
Manickam
Vivek Jain
S.S.Sundar
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
