Writ petition sought cancellation of two settlement deeds via the Registrar under Section 77(A) of the Registration Act, 1908. Noting the provision was struck down by a Division Bench in W.P.No.10291 of 2022 (Batch), the court held the writ petition misconceived and dismissed it.
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.9667 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.9667 of 2023
Y.Jebaraj
... Petitioner
Vs
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to direct the third respondent to enquiry and order to cancel this settlement Deed
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W.P.(MD)No.9667 of 2023
No.118/2022 and another settlement Deed No.2034/2022 registered in the fourth respondent office on the basis of the representation dated 25.03.2023.
For Petitioner : Mr. Char Murugan.B For Respondents : Mr.P.Subburaj (R1-R4) Special Government Pleader Mr.D.Venkatesh (R5)
O R D E R
This Writ Petition has been filed seeking a direction to the second respondent to direct the third respondent to enquiry and order to cancel this settlement Deed No.118/2022 and another settlement Deed No.2034/2022 registered in the fourth respondent office on the basis of the representation dated 25.03.2023.
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 etc., Batch. Hence, the writ petition itself is misconceived. Accordingly, the same is dismissed. No costs.
03.09.2024
NCC : Yes/No Index : Yes/No PNM
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W.P.(MD)No.9667 of 2023
To
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W.P.(MD)No.9667 of 2023
N.SATHISH KUMAR, J.
PNM
ORDER IN W.P.(MD)No.9667 of 2023
03.09.2024
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1 issue framed by the court
Whether a mandamus can be sought under Section 77(A) of the Registration Act, 1908 to cancel settlement deeds when that provision has been struck down?
Colour shows how this judgement treated each authority
W.P.No.10291 of 2022 etc., BatchRelied on¶2
2 provisions across 2 enactments
Y.Jebaraj
The Secretary, Commercial Taxes and Registration Department, Tamil Nadu Government
The Deputy Inspector General of Registration, Palayamkottai, Tirunelveli District
The District Registrar, Tirunelveli
The Sub-Registrar, Mulakkaraipatty Sub-Registrar Office
Y.Selvaraj
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
