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Dr.T.K.Sathia Seelan v. the District Registrar-Administration

Madras HC6 Feb 2025WP/22981/2024

Case brief

AI extract

What is this about?

Madras High Court writ petition disposed as infructuous; petitioner sought mandamus to compel Inspector General of Registration to adjudicate appeal (filed 28.10.2023) against District Registrar (Thindivanam, Villupuram) order dated 19.06.2023 cancelling registration documents under Section 77-A, Registration Act, 1908; reliance on Division Bench decision M.Kathirvel v. Inspector General of Registration, 2024 (4) CTC 769 striking down Section 77-A as unconstitutional; cancelled order declared non- est; no relief granted; no costs; decided 06.02.2025.

What did the court decide?

The relief sought for in the writ petition has become infructuous because the Division Bench of this Court in M.Kathirvel (2024 (4) CTC 769) has struck down Section 77-A of the Act as unconstitutional. ¶25

Dr.T.K.Sathia Seelan Vs the District… — Writ and Judicial Review | Madras HC (2025)

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W.P.No.22981 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.02.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Writ Petition No.22981 of 2024

Dr.T.K.Sathia Seelan

…. Petitioner

-Vs-

1.The District Registrar-Administrator Thindivanam Villupuram District.

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2.The Inspector General of Registration Registration Department No.100, Santhome High Road Chennai 600 028.

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3.Mr.P.Bharathivel

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4.Mr.J.Murugan

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5.Mr.K.Nagamuthu ..Respondents

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(R3 to R5 are impleaded as per order dt.09.12.2024 in WMP.31831/2024 in WP.22981/2024 by PTAJ)

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the second respondent forthwith to consider the petitioner to dispose the same.

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

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W.P.No.22981 of 2024

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For Petitioner : Mr.E.Anbu Malar

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For Respondents : Mr.B.Vijay Additional Government Pleader for R1 & R2

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O R D E R

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This writ petition has been filed for the issue of a writ of mandamus directing the 2nd respondent to deal with the appeal filed by the petitioner on 28.10.2023 as against the order passed by the District Registrar dated 19.06.2023, cancelling the documents executed in favour of the petitioner in exercise of power under Section 77-A of the Registration Act, 1908 [hereinafter referred as 'the Act']

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2.Heard Mr.E.Anbu Malar, learned counsel for the petitioner, Mr.B.Vijay, learned Additional Government Pleader for R1 & R2.

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3.In the considered view of this Court, the relief sought for in this writ petition has become infructuous in view of the fact that the Division Bench of this Court in M.Kathirvel vs. The Inspector General of Registration, reported in 2024 (4) CTC 769 has struck down Section 77-A of the Act, as unconstitutional. In view of the same, the order passed by the District Registrar, dated 19.06.2023 becomes non-est in the eye of law. Consequently, there is nothing to the decided by the 2nd respondent in the appeal filed by the petitioner.

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

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W.P.No.22981 of 2024

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4.In the result, this writ petition is disposed of in the above terms. No costs.

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06.02.2025

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Index : Yes/No NCS : Yes/No KP