D.Kalidoss Vs Inspector General of Registration

Inspector General Of Registration Sankara Naidu Street, Thirupathiripuliyur, Cuddalore-607 002. 2.The District Registrar Office Of The District Registrar, Registration Department, 63/a, Perumal Kovil Street, Murungapakkam, Tindivanam, Villupuram-604 001. 3.District Collector, Collector Office Road, Moovendar Nagar, Tindivanam-605 602.

¶10

1/7

¶11

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

W.P.No.32259 of 2024

4.M.Sivakumar

5.Ponnamal (Died)

M.Elumalai 7.M.Mannangatti 8.M.Sagadevan 9.N.Vasantha 10.N.Rajesh 11.N.Vijayalakshmi 12.N.Naresh (Respondents 6 to 12 are impleaded as per order of this Court dated 12.11.2025 in WMP.No.42828 of 2024)

¶16

... Respondents

¶17

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus Calling for the entire records of the 1st respondent and 2nd respondent vide Na.Ka. No.16/U/A/ 2023 dated 14.06.2023 and Na.Ka.No.2476/ A1/ A3/ 2022 dated 19.12.2022 respectively and quash the same and consequently restore the status quo ante as on 19.12.2022

¶18

2/7

¶19

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

¶20

W.P.No.32259 of 2024

¶21

For Petitioner : Mr.S.Karthikei Balan For Respondents : Mr.U.Baranidharan Special Government Pleader (R1 to R3) Mr.N.Thamizhanban (R4)

¶22

¶23

O R D E R

¶24

This Writ Petition has been filed challenging the proceedings of the respondents 1 and 2 dated 14.06.2023 and 19.12.2022 respectively and quash the same and consequently restore the status quo ante as on 19.12.2022.

¶25

The learned counsel for the petitioner would submit that the impugned order dated 19.12.2022 was passed by the 2^nd respondent against the petitioner by invoking the provision under Section 68(2) of the Registration Act,1908(in short 'the Act'). Being aggrieved the petitioner filed an Appeal before the 1^st respondent and the said Authority vide order dated 14.06.2023 has upheld the order of the 2^nd respondent. The aforesaid orders are under challenge in this Writ Petition. Further, he would submit that this Court in the case of M.Kathirvel Vs. The Inspector General of Registration Department and others reported 2024 (4) CTC 769 , has struck down the 3/7

¶26

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

¶27

W.P.No.32259 of 2024

¶28

Sections 77-A and 68(2) of the Act holding that the same are unconstitutional and it has no retrospective effect and the registering authority has no power to cancel or invalidate the documents already registered and relegated the parties to the Civil Court and therefore in view of the same, any order passed under the aforesaid Acts has become null and void. He therefore prays to set aside the impugned orders.

¶29

The learned Special Government Pleader appearing for the

¶30

respondents 1 and 2 as well as the learned counsel appearing for the 4^th respondent acceded the submissions made by the learned counsel for the petitioner.

¶31

Heard both sides. Perused the records.

¶32

Considering the submissions made by the learned counsel appearing on either side and in view of the aforesaid Judgment of this Court in M.Kathirvel Vs. The Inspector General of Registration Department and others reported 2024 (4) CTC 769 , the order passed by the 2^nd respondent under Section 68(2) of the Act and the consequent order of the 1^st

¶33

4/7

¶34

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

¶35

W.P.No.32259 of 2024

¶36

respondent dated 14.06.2023, confirming the order of the 2^nd respondent are liable to be set aside. Accordingly, the orders impugned herein are set aside. While setting aside the aforesaid orders, the parties are granted liberty to agitate their issue before the appropriate Civil Court, if so desired.

¶37

With the above observation, this Writ Petition is disposed of. No

costs.

12.11.2025

(2/2)

Index : Yes / No Neutral Citation : Yes / No Speaking Order : Yes / No arr

¶42

To

¶43

Inspector General Of Registration Sankara Naidu Street, Thirupathiripuliyur, Cuddalore-607 002.

¶44

5/7

¶45

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

¶46

W.P.No.32259 of 2024

¶47

2.The District Registrar Office Of The District Registrar, Registration Department, 63/a, Perumal Kovil Street, Murungapakkam, Tindivanam, Villupuram-604 001. 3.District Collector, Collector Office Road, Moovendar Nagar, Tindivanam-605 602.

¶48

KRISHNAN RAMASAMY, J.

¶49

arr

¶50

6/7

¶51

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

¶52

W.P.No.32259 of 2024

¶53

Writ Petition No.32259 of 2025