K. JAYAKUMAR Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) By exercising powers under Sec. 77-A of the Registration Act, 1908, order dtd. 19/7/2023 was issued cancelling certain registered documents. The petitioners carried the matter in appeal under Sec. 77-B before the first respondent on 14/8/2023. Early disposal of said appeal is prayed for in this writ petition.

(2.) 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 Sec. 77-A being struck down as unconstitutional.

(3.) Sec. 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 Sec. 77-B, which proceeds on the basis that power may be exercised under Sec. 77-A. In these circumstances, this writ petition is disposed of, leaving it open to the petitioners to challenge the orders of cancellation under Sec. 77-A of the Registration Act by filing a writ petition before this Court. There shall be no order as to costs.