This petition sought a direction to the registering authority to dispose of an appeal regarding a forged document. The court dismissed the writ, holding Section 77A is struck down and fraud must be established in civil court before registration authorities.
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(MD)No.14475 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.14475 of 2023
A.Rajendran
... Petitioner
Vs.
2.The District Registrar, O/o District Registrar, Combined Registrar Office, 9XR7X493, Chennamanaickanpatti, District Collector Office Compound, Dindigul-624 004.
3.Ramasamy Maniyam ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose of the appeal filed by the petitioner dated 23.02.2023 within a stipulated time.
For Petitioner : Mr.N.Madhava Govindhan For R1 & R2 : Mr.P.Subbaraj, Special Government Pleader For R3 : Mr.S.Mahendrapathy
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W.P(MD)No.14475 of 2023
ORDER
This Writ Petition is filed, seeking for a direction to the 1st respondent to dispose of the appeal filed by the petitioner dated 23.02.2023 within a stipulated time to be fixed by this Court.
2.It is the case of the petitioner that the land in S.No.453/3 situated at Nilakottai Village, Nilakottai Taluk, Dindigul District is the ancestral property of the petitioner. Since the 3rd respondent created a forged document in respect of the land in question, the petitioner made a representation dated 25.11.2022, seeking cancellation of the same. However, the 2nd respondent, vide order dated 30.11.2022, directed the petitioner to produce Forensic Department report. Aggrieved by the same, the petitioner has filed an appeal dated 23.02.2023 before the 1st respondent to direct the 2nd respondent to cancel the forged document under Section 77A of the Registration Act. Since the same has not been considered so far, the petitioner has filed this Writ Petition.
3.It is seen that the very Section 77(A) inserted under Registration Act is struck down by the Division Bench of this Court in W.P.No.10291 of 2022 batch. That apart fraudulent transaction cannot be gone into by the authorities, which has to be established in the manner known to law before the https://www.mhc.tn.gov.in/judis 2/4
W.P(MD)No.14475 of 2023
civil Court as per Satya Pal Anand v. State of M.P.[ 2016 10 SCC 767] and G. Rajasulochana v Inspector General made in W.P 29706 of 2024 dated 16.04.2024. Therefore, no purpose will be served to direct the 1st respondent to dispose of the appeal filed by the petitioner. Accordingly, this Writ Petition is dismissed. No costs.
05.09.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
Yuva
To
2.The District Registrar, O/o District Registrar, Combined Registrar Office, 9XR7X493, Chennamanaickanpatti, District Collector Office Compound, Dindigul-624 004.
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W.P(MD)No.14475 of 2023
N.SATHISH KUMAR, J
Yuva
W.P(MD)No.14475 of 2023
05.09.2024
2 issues framed by the court
Whether the writ petition praying for direction to dispose of an appeal regarding a forged document should be allowed.
Whether Section 77A of the Registration Act renders the appeal premature.
Colour shows how this judgement treated each authority
Satya Pal Anand v. State of M.P.Applied¶21
Satya Pal Anand v. State of M.P. [2016 10 SCC 767] · Who else cites this
G. Rajasulochana v Inspector GeneralApplied¶21
G. Rajasulochana v Inspector General
W.P.No.10291 of 2022 batchDistinguished¶20
A.Rajendran
The Deputy Inspector General of Registration, Rajagambeeram
The District Registrar, Dindigul
Ramasamy Maniyam
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
