Disposed¶51

K.R.Venkatesan v. the District Collector

Madras HC17 Apr 2025WP/12580/2025

Case brief

AI extract

What is this about?

Keywords: Section 77A Registration Act struck down unconstitutional; M. Kathirvel v. Inspector General of Registration 2024 4 CTC 769; cancellation of fake/forged document complaint rejected by District Registrar Krishnagiri; pending disposal of appeal no. 5492/E2/2022 before Deputy Inspector General of Registration; writ of mandamus Article 226 Madras High Court; remedy only before competent Civil Court; Hosur Sub Registrar; disposed no costs; decided 17-04-2025.

What did the court decide?

Writ petition disposed of with clarity that the petitioners' only remedy is to approach the competent Civil Court; no direction (mandamus) issued to the 3rd respondent; no costs. ¶51

K.R.Venkatesan Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

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WP No. 12580 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-04-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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WP No. 12580 of 2025

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K.R.Venkatesan

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S/o. Ramachetty, LIG 393 New Housing Board 2 Kattiganapalli, Krishnagiri District 635 002.

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2.S Manjunath S/o. Seenapa, 495, Mudukurukki Post, Shoolagiri Taluk, Krishnagiri District 635 001.

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Petitioner(s)

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The District Collector Office Of The District Collector, Krishnagiri District

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2.The Inspector General of Registration Office Of The Inspector General Of Registration, Chennai 600 028.

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3.The Deputy Inspector General Of Registratio Office Of The Deputy Inspector Geneal Of Registration, 2nd Floor

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https://www.mhc.tn.gov.in/judis

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WP No. 12580 of 2025

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Combined Registration Campus, Kumaragiri Bye Pass Road, Kailash Manasoravar Kamaraja Nagar Colony, Salem

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4.The District Registrar Admin Office Of The District Registrar, Krishnagiri District 635 001.

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5.The Sub Registrar Office Of Sub Registration Office, Hosur, Krishnagiri District

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6.Shivasankara S/o. T. Timmaiah No. 21 Nanasu 3rd Cross, Manjunatha Extension Bhattarahali Main Road, Virgo Nagar Post, KR Puram, Bangalore, Karnataka 560 049.

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7.K Bhakthavachalam

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S/o. Krishnamurthy No. 24, Flat No. 102 First Floor, Shansur Apartment Gover Road, Cox Town, Bangalore 560 005.

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8.Sivappa K

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S/o. Chinnakondappa, Door No. 1472, Raja Street, Berikai Vilage And Post, Shoolagiri Taluk, Krishnagiri District

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9.Rukkkama Alias Rukkumani

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W/o. K. Sivappa, Door no. 1472 Raja Stret, Berikai Vilage And Post Shoolagiri Taluk, Krishnagiri

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10.S Upendra

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https://www.mhc.tn.gov.in/judis

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WP No. 12580 of 2025

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S/o. K Sivappa, Door no. 1472 Raja Street Berikai Vilage And Post , Shoolagiri Taluk, Krishnagiri District

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11.S Naveen S/o K. Sivappa Door No. 1472 Raja Street, Berikai Vilage And Post, Shoolagiri Taluk, Krishnagiri District

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12.S Manikandan

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S/o. Sampangiraman Door No. 1525 Lingayath Street, Berikai Vilage And Post, Shoolagiri Talk, Krishnagiri District 635 105

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13.Syed Fazur Rahman S/o. Syed Saheb, Door No 19/37 1st main Road, 4th Cross, Maruthi Nagar, Madiwala Bangalore, Karnataka 560 068.

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14.V M Habibur Rahman S/o. Abdul Rahman, No. 13/39, 1st Main Link Road, Maruthinagar Extension, Madiwala Boomanahalli, Bangalore, Karnataka 560 068.

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Respondent(s)

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PRAYER

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Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the 3rd respondent herein to disose of the appeal no. 5492/E2/2022 dated 15.09.2022 filed by the petitioners against the order of

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https://www.mhc.tn.gov.in/judis

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WP No. 12580 of 2025

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the 4th respondent vide No. 4651/u/2021 dated 26.07.2022 and pass orders.

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For Petitioner(s): Mr.J.James For Respondent: Mr.U.Baranidharan Special Government Pleader for R1 to R5

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ORDER

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This writ petition has been filed for the issue of writ of Mandamus directing the 3rd respondent to dispose of the appeal filed by the petitioner on 15.09.2022 within the time frame stipulated by this Court.

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Heard Mr.J.James, learned counsel for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader for respondents 1 to 5.

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The petitioners sought for cancellation of a fake document and hence, filed a complaint before the 4th respondent. The 4th respondent through proceedings dated 26.07.2022 rejected the complaint and directed the parties to work out their remedy before the competent Civil Court. Aggrieved by the same, the petitioner filed an appeal before the 3rd respondent. Since the same was not acted upon, the present writ petition has been filed before this Court.

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In the considered view of this Court, no useful purpose will be served in directing the 3rd respondent to deal with the appeal since the Division Bench of this Court in [M. Kathirvel Vs. The Inspector General of Registration Department of Registration and Others] reported in 2024 4 CTC 769, has struck down Section 77A of the Registration Act as unconstitutional. In view of the same, the only remedy that is left to the petitioners is to approach

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https://www.mhc.tn.gov.in/judis

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WP No. 12580 of 2025

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the compent Civil Court and seek for appropriate reliefs. Except giving this clarity, no further orders can be passed in this writ petition.

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This writ petition is disposed of in the above terms. No costs.

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17-04-2025

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rka

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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1.The District Collector Office Of The District Collector, Krishnagiri

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2.Teh Inspecto Ro Fgneral Of Registration Office Of The Inspector General Of Registration, Chennai 600 028.

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3.The Deputy Inspector General Of Registratio Office Of The Deputy Inspector Geneal Of Registration, 2nd Floor Combined Registration Campus, Kumaragiri Bye Pass Road, Kailash Manasoravar Kamaraja Nagar Colony, Salem

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https://www.mhc.tn.gov.in/judis

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WP No. 12580 of 2025

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