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2026 Supreme(Online)(Mad) 45956

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
M. Perumal – Appellant
Versus
District Registrar – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: S. Rajamanickam
For the Respondents: R. Parthiban

Following the invalidation of Section 77-A of the Registration Act, 1908, the Registrar lacks the authority to adjudicate on allegations of forgery; parties must instead seek relief through criminal investigations or civil court proceedings.

Headnote:The petitioner filed a Writ Petition under Art. 226 of the Constitution of India seeking a Writ of Mandamus to direct the District Registrar to conduct an enquiry and cancel an allegedly forged document. The petitioner contended that private respondents created false documents regarding his property. The Court held that since S. 77-A of the Registration Act, 1908 was struck down, the Sub Registrar lacks the authority to adjudicate these issues. The core issue was whether the Registrar has the authority to cancel documents on grounds of forgery following the invalidation of S. 77-A. The Court reasoned that the petitioner must pursue criminal complaints through police investigation or approach a civil court to nullify the document, as the summary procedure under the defunct provision is no longer available. The Writ Petition stands disposed of.

Table of Content
1. basis of the writ petition requesting an enquiry into forged documents. (Para 1 , 2)
2. limitation of administrative authority to cancel registered documents post-striking of s. 77-a. (Para 3 , 4)

8.E.Murugan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to conduct an enquiry and to cancel the forgery document in No.426 of 2026 on the file of the second respondent Sub Registrar Office based on the petitioner's representation dated 09.02.2026.

For Petitioner : Mr.S.Rajamanickam For Respondents : Mr.R.Parthiban Government Advocate for R1 & R2

ORDER

The Writ Petition is filed for a Mandamus, directing the first respondent to conduct an enquiry and to cancel the forged document in No.426 of 2026 on the file of the second respondent/Sub Registrar Office based on the petitioner's representation dated 09.02.2026.

2.The case of the petitioner is that the private respondents have created false documents in respect of the lands of the petitioner and are further dealing with the property. Therefore, the petitioner has made the representation.

3. Since Section 77-A of the Registration Act, 1908, has been struck down by this Court in M.Kathirvel Vs. The Inspector General of Registration, reported in 2024 (4) CTC 769, the Sub Registrar has no authority to adjudicate upon these issues. It will be open for the petitioner to pursue the complaint given before the police and if only any offence is made out after preliminary enquiry, appropriate case will be registered and the offences can be investigated. With reference to the title of the petitioner, it will be open for the petitioner to approach the civil Court to set aside or nullify any document which the petitioner is claiming as forged. It is made clear that the Writ Petition is dispose of at the admission stage, this Court is not expressing any opinion with reference to the merits of the averments that are made in the affidavit filed in support of the writ petition.

4. With the above observations, the Writ Petition stands disposed of. No costs.

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