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2025 DAILYLAW 187086 (MAD)

Subbulakshmi v. The District Registrar (Administration)

WP(MD)/3747/2023 · 2025-08-08

S Srimathy

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.3747 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.3747 of 2023 and WMP(MD)No.3522 of 2023 Subbulakshmi ... Petitioner vs. 1. The District Registrar (Administration), District Registrar Office, Madurai South, Madurai. 2. The Sub Registrar , Thiruparankundram, Madurai District. 3. A.Balamurugan 4. B.Jeyaprabavathi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of the 1st respondent dated 3/2/2023 in proceedings Na.Ka.No. 11035/AA2/2022, quash the same, as the same is arbitrary, ultravires, in colorable exercise of power in suppression of the earlier order dated 19.11.2014 in proceedings No. 5425/AA1/2013. For Petitioner : Mr.R.G.Shankar Ganesh For R1 & R2 : Mr.D.Sasikumar Additional Government Pleader For R3 to R4 :NA 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.3747 of 2023 ORDER The present Writ Petition has been filed for the issuance of a Writ of Certiorari to quash the proceedings dated 03.02.2023 as the same is arbitrary, ultravires, in colorable exercise of power in suppression of the earlier order dated 19.11.2014. 2. The petitioner has challenged the show cause notice. It is a settled law that writ is not maintainable against show cause notice. But in the present case, show cause notice was issued under Section 77A of the Registration Act. The said section is held ultravires. Therefore, the said impugned show cause notice is issued without jurisdiction. Hence, the impugned show cause notice is liable to be quashed. 3. Accordingly, this writ petition is allowed. The impugned proceedings dated 03.02.2023 is hereby quashed. The parties are at liberty to agitate their rights in pending suit in O.S.Nos.26 of 2011 & 508 of 2011 on the file of the Subordinate Court, Tirumangalam. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.3747 of 2023 To 1. The District Registrar (Administration), District Registrar Office, Madurai South, Madurai. 2. The Sub Registrar , Thiruparankundram, Madurai District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.3747 of 2023 S.SRIMATHY , J. Ksa ORDER MADE IN W.P(MD)No.3747 of 2023 and WMP(MD)No.3522 of 2023 DATED : 08.08.2025 4/4 https://www.mhc.tn.gov.in/judis