K.Jayakumar And Others vs Inspector General Of Registration And Others

Senthilkumar Ramamoorthy, J

By exercising powers under Section 77-A of the Registration Act, 1908, order dated 19.07.2023 was issued cancelling certain registered documents. The petitioners carried the matter in appeal under Section 77-B before the first respondent on 14.08.2023. Early disposal of said appeal is prayed for in this writ petition.

Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for respondents 1 to 3. On the basis of written instructions, he submits that the appeal is deemed as closed in view of Section 77-A being struck down as unconstitutional.

Section 77-A of the Registration Act was struck down by a Division Bench of this Court in M.Kathirvel and others vs. Inspector General of Registration and Others (2024 (4) CTC 769) (Kathirvel). As a consequence, the first respondent is no longer in a position to consider the appeal under Section 77-B, which proceeds on the basis that power may be exercised under Section 77-A. In these circumstances, this writ petition is disposed of, leaving it open to the petitioners to challenge the orders of cancellation under Section 77-A of the Registration Act by filing a writ petition before this Court. There shall be no order as to costs.