Dismissed¶41

Augustin Chellaih v. Marcus Frederick Lazaro

Writ Appeal (Clause 15, Letters Patent) – Registration Act, 1908, Section 77A

Madras HC25 Feb 2026WA/524/2026

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What is this about?

Writ appeal dismissed; Section 77A Registration Act 1908; District Registrar order dated 12.07.2023 cancelling sale deed set aside; W.P.No.32438 of 2025 allowed; M.Kathirvel vs. Inspector General of Registration, 2024 SCC Online Mad 6154 followed (Section 77-A declared unconstitutional); Section 22-A; Section 22-B; Clause 15 Letters Patent; Madras High Court Division Bench (R. Suresh Kumar, J.); Augustin Chellaih v. Marcus Frederick Lazaro; no order as to costs; C.M.P.No.5094 of 2026 closed.

What did the court decide?

None — writ appeal dismissed; no order as to costs; C.M.P.No.5094 of 2026 closed. ¶41

Augustin Chellaih Vs Marcus Frederick Lazaro — Madras HC (2026) — LawSathi Research

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W.A.No.524 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.02.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE SHAMIM AHMED

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W.A.No.524 of 2026

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Augustin Chellaih .. Appellant

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Vs.

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Marcus Frederick Lazaro

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The Inspector General of Registration 100, Santhome High Road Mullima Naar, Mandavelipakkam Raja Annamalai Puram, Chennai – 600 028.

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The District Registrar

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Chennai South, Integrated Building for Office of the Commercial Taxes and Registration Department Fanepet, Nandanam, Chennai – 600 035.

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The Sub Registrar Joint II-Saidapet, Fanepet Nandanam, Chennai – 600 035.

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[Cause title accepted vide order dated 11.02.2026 in C.M.P.No.3394 of 2026 in W.A.Sr.No.165776 of 2025]

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.. Respondents

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Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P.No.32438 of 2025 dated 08.09.2025.

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For the Appellant : Mr.L.Chandrakumar For the Respondents : Mr.U.Baranidharan Special Government Pleader for R2 to R4

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Page 1 of 6

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

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W.A.No.524 of 2026

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JUDGMENT

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(Judgment of the Court was made by R.SURESH KUMAR, J.)

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This writ appeal has been directed against the order passed by the Writ Court dated 08.09.2025 made in W.P.No.32438 of 2025.

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The present appellant was the fourth respondent in the writ petition, who got an order from the District Registrar, canceling the sale deed or document, by invoking Section 77A of the Registration Act, 1908¹ by the order dated 12.07.2023. The said order was under challenge in the said writ petition filed by the present first respondent, who stood as the writ petitioner.

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The learned Writ Court, having taken note of the law declared by the Division Bench of this Court in the case of M.Kathirvel vs. Inspector General of Registration, Department of Registration and Ors.² has allowed the said writ petition. Assailing the same, the present writ appeal has been directed.

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1 In short, hereinafter referred as “the Act of 1908”.

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2 2024 SCC Online Mad 6154

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Page 2 of 6

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

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W.A.No.524 of 2026

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Bench in

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In fact, the law having been declared so by the Division Bench in M.Kathirvel’s case (cited supra ), in paragraph 176, some of the writ petitions were allowed, as those writ petitions were filed challenging the orders passed by the respective District Registrars, invoking Section 77A of the Act of 1908. Relevant portion of the order passed by the Division Bench in the case of M.Kathirvel (cited supra ) in paragraph 176 reads thus:-

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“176. W.P.(MD)Nos.12208, 1366, 9213, 14121, 13172, 13895, 13746, 3419 of 2023, 8679/2023, W.P.Nos.15543, 13188, 22561, 31075, 31079 of 2023; W.A.Nos.2963, 2211, 2386 of 2023, 575 of 2024; W.P.Nos.15557, 13567, 8305, 10525, 22570, 9386, 15825 of 2023:

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The above writ petitions are filed challenging the orders passed by the District Registrar cancelling the document on the ground that the registration of the document are in contravention of Section 22-A and Section 22-B. In view of the decision taken by this Court by declaring Section 77-A is unconstitutional, all these writ petitions are allowed and the impugned order passed by the respective District Registrars by invoking the power under Section 77 are set aside.”

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Therefore, the order passed by the District Registrar dated 12.07.2023, invoking Section 77A of the Act of 1908, which was impugned before the Writ Court, has to be set aside and the writ petition was to be allowed, which in fact has been allowed by the learned Writ Court through the order impugned, of course correctly, by following the exact dictum made by the Division Bench in the

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case of M.Kathirvel (cited supra ).

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Page 3 of 6

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

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W.A.No.524 of 2026

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Therefore, we do not find any reason to interfere with the

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said order passed by the Writ Court, which is impugned herein. As a result of which, the appeal fails and hence, it is dismissed. However, there shall be no order as to costs. Consequently, C.M.P.No.5094 of 2026 is closed.

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(R.S.K., J.) (S.S.A., J) 25.02.2026

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Speaking Order/Non-Speaking Order Index:Yes/No Internet:Yes/No Neutral Citation:Yes/No

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(drm)

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Page 4 of 6

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

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W.A.No.524 of 2026

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To:

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The Inspector General of Registration 100, Santhome High Road Mullima Naar, Mandavelipakkam Raja Annamalai Puram, Chennai – 600 028.

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The District Registrar Chennai South, Integrated Building for Office of the Commercial Taxes and Registration Department Fanepet, Nandanam, Chennai – 600 035.

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