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HIGH COURT OF MADRAS
N. SATHISH KUMAR, J
V.AROKIADASS – Appellant
Versus
THE INSPECTOR GENERAL OF REGISTRATION – Respondent
Registration - Writ Petition - Section 77A - The Registration Act - The court dismissed the writ petition seeking cancellation of fraudulent transfers, referencing the constitutionality of Section 77A as determined in a previous ruling.
Fact of the Case:
The petitioner alleged impersonation and fraudulent execution of a power of attorney and sale deed concerning their property, seeking a judicial order to cancel these documents under Section 77A of the Registration Act.
Finding of the Court:
The court referenced a prior decision which ruled that Section 77A was unconstitutional, leading to the dismissal of the writ petition as it could not be entertained in light of that ruling.
Issues: Whether the petitioner's request for cancellation of fraudulent transfers under Section 77A of the Registration Act could be granted given the section's previously declared unconstitutionality.
Ratio Decidendi: The court concluded that it was bound by the Division Bench's ruling that Section 77A is unconstitutional; thus, it could not grant the relief sought by the petitioner.
Final Decision: The writ petition stands dismissed.
ORDER
This writ petition is filed directing the 2nd respondent to consider the representation of the petitioner dated 01.03.2024 and thereby to conduct an enquiry under section 77A of the Registration Act as amended by Tamilnadu Act 41 of 2022 and to cancel the fraudulent transfers made by the impersonator in favour of the respondents 5 to 8 and to safeguard the property of the petitioner situated at Theeyampakkam Village, Ariyalur Group, Thiruvottiyur Taluk, Thiruvallur District of a extent of 36 cents comprised in S.No.155/10A as per patta No.2552.
2. By consent of both parties, this writ petition is taken up for final disposal. Since no adverse order is passed against the private respondents, notice to them is dispensed with.
3. Heard both sides and perused the materials placed on record.
4. It is the case of the writ petitioner that the petitioner has been impersonated and power of attorney has been executed and subsequently sale deed is also executed. Hence, according to him, entire act is nothing but forgery and seeks direction to cancel those documents under Section 77-A of the Registration Act.
5. The learned Special Government Pleader submitted that the Division Bench of this Court in the case of M.Kathirvel vs. The Inspector General of Registration and others made in W.P.Nos.10291 of 2022 etc batch cases dated
02.08.2024 has held that Section 77-A is unconstitutional.
6. Such view of the matter, this writ petition cannot be entertained.
Accordingly, the writ petition stands dismissed. No costs.
02.08.2024 dhk Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No N . SATHISH KUMAR , J.
dhk To, 1. The Inspector General of Registration
100, Santhome High Road, Mullima Nagar Mandavelipakkam, Raja Annamalaipuram Chennai – 600 028
2.The District Registrar District Registrar Office Chennai North Kuralagam, 1st Floor Chennai – 600 108 3.The Sub Registrar No.2, Sothupakkam Road Palavayoal, Red Hills Perungavoor, Chennai – 600 052 W.P.No.21428 of 2024
02.08.2024
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