Registration authorities lack the legal authority to conduct enquiries into allegations of fraudulent property registrations following judicial invalidation of relevant statutory provisions.

ORDER

The present writ petition has been filed directing the respondents

1 and 2 to conduct enquiry based on the representation of the petitioner dated 16.07.2025 into the fraudulent transactions pertaining to the properties of their father Anwar, S/o.Mohamed Kasim, aged 90 years for registering the Settlement Deeds mentioned in the above prayer.

2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it is noted that the petitioner contends that when the properties originally belonged to their father, the properties were fraudulently dealt with by private respondents 3 to 5 and others. Consequently, the petitioner made a representation but as no action has been taken, the petitioner has approached this Court by way of the present writ petition.

3. I have heard the learned counsel on both sides and perused the material records of the case.

4. The Hon’ble Division Bench of this Court, in Kathirvel vs.

The Inspector General of Registration, Department of Registration and Others (2024 SCC OnLine Mad 6154), has held that Section 77A of the Registration Act, along with the circulars issued thereunder, is unconstitutional. Therefore, as of date, the 1st and 2nd respondents have no authority to enquire into such matters.

5. If the petitioner is aggrieved, they may either approach the Civil Court or choose to deal with the property by disregarding the said document, if he is so adviced, as the case may be.

6. The writ petition is disposed of, at the admission stage without notice to respondents 3 to 5, with the above liberty. No costs.

Consequently, the connected miscellaneous petition is closed.