Allowed¶36

P.Sengodan v. the District Registrar

Madras HC13 Nov 2025WP/1894/2025

Case brief

AI extract

What is this about?

Madras High Court; writ petitions W.P.Nos.1894 & 1898 of 2025 allowed (13.11.2025, Justice Krishnan Ramasamy); impugned orders of Sub Registrar, Namakkal dated 19.06.2023 & 22.06.2023 (Na.Ka.No.3969/Aa2/2023 and Na.Ka.No.3979/Aa2/2023) set aside/quashed; orders were passed under Section 77A of the Registration Act, 1908; reliance on Division Bench order dated 02.08.2024 in W.P.No.10291 of 2022 striking down Section 77A; Article 226; Writ of Certiorari; Government Advocate conceded liability to set aside; no cost.

What did the court decide?

Both writ petitions allowed with no cost; the impugned orders dated 19.06.2023 & 22.06.2023 passed by the 1st respondent under Section 77A of the Registration Act, 1908 are set aside (quashed). ¶36

P.Sengodan Vs the District Registrar — Writ and Judicial Review | Madras HC (2025)

¶1

W.P.Nos.1894 & 1898 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated : 13.11.2025

¶4

CORAM

¶5

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY

¶6

W.P.Nos.1894 & 1898 of 2025

¶7

1.P.Sengodan 2.A.S.Angammal 3.A.S.Prabhu

¶8

... Petitioners in both petitions

¶9

Vs.

¶10

The Sub Registrar Namakkal Distrct, Namakkal

¶11

A.S. Suganthi @ V. Sukanthi

¶12

... Respondents in both petitions

¶13

Common Prayer:

¶14

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari,

¶15

calling for the records relating to the impugned order passed by the 1st respondent in Na.Ka.No.3969/Aa2/2023 dated 19.6.2023 quash the same is illegal, incompetent and ultravires

¶16

calling for the records relating to the impugned order passed by the 1st respondent in Na.Ka.No.3979/Aa2/2023 dated 22.6.2023 quash the same is illegal, incompetent and ultravires

¶17

1/5

¶18

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

¶19

W.P.Nos.1894 & 1898 of 2025

¶20

For Petitioner in both petitions : Mr.T.Gowthaman, Sr.counsel, for Mr.T.N.Rangesh Kanna

¶21

For Respondent in both petitions : Mr.Abishek Murthy, GA for R1 Mr.K.A.Ravindran, for Mr.M.Varadhan for R2

¶22

COMMON ORDER

¶23

These writ petitions have been filed challenging the impugned proceedings of the 1^st respondent dated 19.06.2023 & 22.06.2023.

¶24

The learned counsel for the petitioners would submit that the impugned orders dated 19.06.2023 & 22.06.2023 were passed by the 1^st respondent by invoking the powers available under Section 77A of the Registration Act, 1908. Subsequently, the validity of Section 77A of the Registration Act, 1908, was struck down by the Hon'ble Division of this Court vide order dated 02.08.2024 in W.P.No.10291 of 2022. In such case, he would submit that the two impugned orders, which were passed under Section 77A, are liable to be set aside. Hence, he requests this Court to pass appropriate orders.

¶25

2/5

¶26

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

¶27

W.P.Nos.1894 & 1898 of 2025

¶28

The learned Government Advocate appearing for the Official respondents had fairly admitted that in view of the aforementioned order dated 02.08.2024 passed by the Hon'ble Division Bench of this Court in in W.P.No.10291 of 2022, the impugned orders passed, under Section 77A, are liable to be set aside.

¶29

Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the Official respondents and also perused the materials available on record.

¶30

In the case on hand, admittedly, the impugned orders dated 19.06.2023 & 22.06.2023 were passed by the 1^st respondent by invoking

¶31

the powers available under Section 77A of the Registration Act, 1908.

¶32

Further, there is no dispute on the aspect that the validity of Section 77A of the Registration Act, 1908, was struck down by the Hon'ble Division of this Court vide order dated 02.08.2024 in W.P.No.10291 of 2022. When such being the case, obviously, the impugned orders, which were passed under Section 77A of the 3/5

¶33

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

¶34

W.P.Nos.1894 & 1898 of 2025

¶35

Registration Act, 1908, are liable to be set aside. Accordin gly, the impugned orders dated 19.06.2023 & 22.06.2023 are set aside.

¶36

7. In the result, these writ petitions are allowed. No cost.

¶37

13.11.2025

¶38

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