M.Kathirvel v. The Inspector General of Registration
Case brief
What is this about?
The Court declared Section 77-A of the Registration Act unconstitutional as it impermissibly delegates judicial power to the District Registrar, an executive authority, violating Article 14. The Section confers uncanalised power to cancel registration without adequate safeguards or guidelines. The Court further held the provision to be prospective only. Consequently, writs seeking to cancel documents registered prior to the amendment were allowed, while petitions for pre-amendment documents were dismissed. The Court granted writs of mandamus prohibiting District Registrars from exercising powers under the invalid Section.
What did the court decide?
Section 77-A of the Registration Act declared unconstitutional and prospective only. Writs seeking cancellation of documents registered prior to the introduction of Sections 22-A and 22-B were allowed. Connected petitions contesting retrospective operation were dismissed. Mandamus granted against District Registrars prohibiting exercise of powers under the invalid Section.