Petitioner sought cancellation of a fraudulent 1970 registration document. The court noted a Division Bench reference on Section 77A Registration Act was pending, directed the District Registrar to keep the complaint pending and act on that decision, disposing the writ petition.
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.17939 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.17939 of 2024 and W.M.P.(MD)No.15375 of 2024
A.Muthukaruppayee ... Petitioner
Vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents herein to conduct enquiry for cancellation of fraudulent document dated 27.05.1970 vide Doc. No.1051/1970, etc., as per the judgment reported in J. Jayaniithaa Vs. Inspector General of Registration and others reported in (2021 (1) CTC 839), make proper entry in the Encumbrance Certificate reversing the earlier fraudulent entries of registration dated 27.05.1970 vide Doc. No.
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1051/1970, etc., in respect of Survey No.1942 measuring 2.16 acres, Thamaraikulam Bit-I Village, Periyakulam Taluk, Theni District.
For Petitioner : Mr.K.Appadurai
For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader
ORDER
The petitioner seeks cancellation of the petition mentioned document. The Hon'ble Division Bench is seized of the reference with regard to scope and applicability of Section 77A of the Registration Act.
pending. He shall take a call based on the decision to be rendered by the Hon'ble Division Bench. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
31.07.2024
NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi
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To
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W.P(MD)No.17939 of 2024
G.R.SWAMINATHAN, J.
rmi
W.P(MD)No.17939 of 2024
31.07.2024
1 issue framed by the court
Whether the District Registrar should hold the complaint for cancellation of a 1970 fraudulent document pending the Division Bench decision on Section 77A Registration Act.
Colour shows how this judgement treated each authority
J. Jayaniithaa Vs. Inspector General of Registration and othersReferred
(2021 (1) CTC 839)
2 provisions across 2 enactments
A.Muthukaruppayee
Deputy Inspector General of Registration, Madurai
District Registrar, Theni District
Joint Sub Registrar No.1, Periyakulam
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
