L.S.Tamizhselvan Vs the Inspector General of… — Writ and Judicial Review | Madras HC (2025)

L.S.Tamizhselvan Vs the Inspector General of… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed: the 2nd respondent's proceedings dated 29.09.2023 declared non est; cancellation of document Nos. 595 of 2006 and 8651, 8652 and 8653 of 2014 held bad and those documents restored; subsequent documents Nos. 6710 (printed 6170 in the order body) and 6755 of 2024 rendered questionable, with respondents 4 to 10 left free to pursue remedies before the competent Civil Court; no costs awarded; connected miscellaneous petitions (WMP Nos. 4069 and 4072 of 2025) closed.

Issue for consideration

Whether the proceedings dated 29.09.2023 issued by the 2nd respondent, purportedly in exercise of powers under Section 77A of the Registration Act (which the Division Bench has held unconstitutional), cancelling the petitioner's registered documents are valid. +1 more

Court's answer

Since the Division Bench of this Court has held that Section 77A of the Registration Act is unconstitutional, the proceedings of the 2nd respondent dated 29.09.2023 must be held to be non est in the eye of law.

Ratio / Principle

As a consequence of the proceedings being non est, the cancellation of the documents registered as document No.595 of 2006 and 8651, 8652 and 8653 of 2014 must be held to be bad, and these documents stand restored.

Key takeaways

The execution of the subsequent documents registered in document No.6170 (prayer reads 6710) of 2024 and 6755 of 2024 on the file of the 3rd respondent over the same subject properties becomes questionable, and it is left open to private respondents 4 to 10 to work out their remedy before the competent Civil Court in the manner known to law.ratio¶45

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT MADRAS (N. Anand Venkatesh, J.) — 04-03-2025 — WP No. 3683 of 2025 (with WMP Nos. 4069 and 4072 of 2025): Petitioner challenged the 2nd respondent's proceeding dated 29.09.2023 (Na.Ka. No 15358 / E2 / 2022) issued purportedly under Section 77A of the Registration Act, cancelling registered documents Nos. 595 of 2006 and 8651, 8652, 8653 of 2014, and sought consequential annulment of later registrations Nos. 6710 and 6755 of 2024. Holding that the Division Bench in M. Kathirvel Vs. The Inspector General of Registration Department of Registration and Others, (2024) 4 CTC 769, has declared Section 77A unconstitutional, the Court held the impugned proceedings non est in the eye of law; the cancellations were held bad and the earlier documents restored; the subsequent documents became questionable, with private respondents 4 to 10 left to work out their remedy before the competent Civil Court. Writ petition allowed; no costs; connected miscellaneous petitions closed.

WP No. 3683 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

WP No. 3683 of 2025 AND

WMP NO. 4069 OF 2025 and WMP NO. 4072 OF 2025

L.S.Tamizhselvan

S/o L. Selvamani No 1 Palla Street, Pillaipakkam Village And Post Sriperumbudur Taluk Kancheepuram District, Pincode 602 105

Petitioner(s)

Vs

The Inspector General Of Registration O/o Of Inspector General Of Registraion No 100 Santhome High Road Chennai 600 028

2.The Direct Registrar (administration) (A.I.G) South Chennai No 537, Fanepet Nandanam Chennai 600 035

3.The Sub Registrar

W/o Rajasekar, No 8 Thirupanazhvar

Street, Karthikeyan Nagar, Srinivasa https://www.mhc.tn.gov.in/judis

WP No. 3683 of 2025

Nagar, New Perungalathur Chennai 600 063

4.R. Lalitha

W/o Rajasekar No 8 Thirupanazhuvar Street, Karthikeyan Nagar, Srinivasa Nagar New Perungalathur, Chennai 600 063

5.K.Paripooranam

W/o R. Kamalakannan 2/129, Vembui Amman Koi Street, Vandalur, Kancheepruam District, Pincode 600 048

6.E.Jothi

W/o Ethiraj 4/143 Kanniaman Koil Street, Arungal, Karanai Puducheri Kancheepuram District 603 202

7.J.Jayachithra

W/o K.Jayabal Residing At 2/129 Vembuli Amman Kol Street, Vandalur, Kancheepuram District, Pincode 600 048

8.J.Rajkumar

S/o K. Jayabal, Residing At 2/129 Vembuli Amman Kol Street, Vandalur, Kancheepuram District, Pincode 600 048

9.J.Nandakumar

S/o K. Jayabal, Residing At 2/129 Vembuli Amman Kol Street, Vandalur, https://www.mhc.tn.gov.in/judis Kancheepuram District, Pincode 600

WP No. 3683 of 2025

048

10.J.Deepa

S/o K. Jayabal, Residing At 2/129 Vembuli Amman Koil Street, Vandalur, Kancheepuram District, Pincode 600 048

Respondent(s)

PRAYER

Writ petition has been filed under Article 226 of the Constitution of India for the issue of writ of Certiorarified Mandamus to Call for the records pertaining to proceeding issued by the 2nd respondent in Na.Ka. No 15358 / E2 / 2022 dated 29.09.2023 and quash the same and to direct the 2nd respondent thereby restoring Deeds in Doct. Nos 595 / 2006 8653 / 2014 on the file of SRO padapai and consequentially annul Doct Nos. 6710 of 2024 and 6755 of 2024 on the file of 3rd Respondent covering the land in acre1.02 Cents in S. No 184/2 now in S. No 184/2B of Perungalathur village, Tambaram Taluk, Chengalpattu District

For Petitioner(s): N.R.Anantha Rama Krishnan For Respondent(s): Mr.P.Harish Ga Takes Notice For

R1 To R3 M/s.Gsk Law Firm,g.Sathishkumer,t.Elumalai For R4 To R10 Dt.25/02/2025

ORDER

This writ petition has been filed challenging the proceedings of the nd 2nd respondent dated 29.09.2023 and for a consequential direction to the 2 respondent to restore the document registered as document No.595 of 2006 and https://www.mhc.tn.gov.in/judis 8651, 8652 and 8653 of 2014 and to cancel the subsequent documents that were

WP No. 3683 of 2025

registered as document No.6710 of 2024 and 6755 of 2024 on the file of the 3rd respondent touching upon the suit property.

Heard Mr.N.R.Anantha Rama Krishnan, learned counsel for the petitioner and Mr.P.Harish, learned Governemnt Advocate for respondents 1 to 3.

The proceedings dated 29.09.2023 was issued by the 2nd respondent purportedly in exercise of powers under Section 77A of the Registration Act. 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 now held that Section 77A of the Registration Act is unconstitutional. In view of the same, the proceedings of the 2nd respondent dated 29.09.2023 must be held to be non est in the eye of law. As a consequence, the cancellation of the documents registered as document No.595 of 2006 and 8651, 8652 and 8653 of 2014 must be held to be bad and these documents will stand restored. In view of the same, the execution of the subsequent documents which was registered in document No.6170 of 2024 and 6755 of 2024 on the file of the 3rd respondent touching upon the same subject properties will become questionable. Hence, it is left open to the private respondents 4 to 10 to work out their remedy before the competent Civil Court in the manner known to law.

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

WP No. 3683 of 2025

In the result, this writ petition stands allowed in the above terms.

No costs. Consequently, the connected miscellaneous petitions are closed.

04-03-2025

rka

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

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

WP No. 3683 of 2025

To

1.The Inspector General Of Registration O/o Of Inspector General Of Registraion No 100 Santhome High Road Chennai 600 028

2.The Direct Registrar (administration) (a.I.G) South Chennai No 537, Fanepet Nandanam Chennai 600 035

3.The Sub Registrar W/o Rajasekarr No 8 Thirupanazhvar Street, Karthikeyan Nagar, Srinivasa Nagar, New Perungalathur Chennai 600 063

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

WP No. 3683 of 2025

N.ANAND VENKATESH.,J

rka

WP No. 3683 of 2025 WMP NO. 4069 OF 2025,WMP NO. 4072 OF 2025

04-03-2025

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