WP No. 28238 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 28238 of 2021 1. B.Shivakumar S/o. late N. basavaiyar No. 29/11A, Nanjundeshwara Nilayam,Neelamega Nagar, Hosur 635 109 Krishnagiri Distirct 2. B.Shylender S/o. late N. Basavaiyar No. 29/11A, Nanjundeshwara Nilayam,Neelamega Nagar, Hosur 635 109 Krishnagiri Distirct Petitioner(s) Vs 1. The commissioner of Land Administration Chepauk chennai 05 2.The District Revenue officer Dharmapuri Distirct Dharmapuri Respondent(s) PRAYER This writ petition filed under Article 226 of Constitution of India for issuance of writ of Mandamus to call for the records relating to the Impugned proceedings dated 01.11.2021 passed in Roc No. https://www.mhc.tn.gov.in/judis WP No. 28238 of 2021 K1 / 908642 / on the file of the 1st Respondent herein, quash the same. For Petitioner(s): K. Govi Ganesan For Respondent(s): Mr.M.R.Gokul Krishnan, Additional Government Pleader for R1 and R2 ORDER This writ petition has been filed challenging the proceedings of the 4th respondent dated 23.08.2021 and for a consequential direction to the 4th respondent to remove the fraudulent entry that was made in the encumbrance register while registering the partition deed dated 21.03.2001 registered as document No.289 of 2001 2. Heard Mr.K.Govi Ganesan, learned counsel for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for respondents. 3. The petitioner is aggrieved by the registration of partition deed dated 21.03.2001 as document No.289/2001. The petitioner is seeking for the removal of the entry that was made in the encumbrance register. The removal of the entry in the encumbrance register will tantamount to cancelling the https://www.mhc.tn.gov.in/judis WP No. 28238 of 2021 document itself. Section 77A of the Registration Act and Section 68(2) of the Registration Act came up for consideration before the Hon’ble Division Bench of this Court in [M. Kathirvel Vs. The Inspector General of Registration Department of Registration and Others] reported in 2024 4 CTC 769 wherein Section 77A of the Registration Act has been declared as unconstitutional. That apart, it was further clarified that Section 68(2) does not vest any power to declare any document as illegal. 4. In the light of the above development, even if the impugned proceedings are interfered, further direction cannot be given by this Court to the 3rd respondent to cancel the entry made in the encumbrance register. 5. In the result, the petitioner is granted liberty to work out his remedy before the competent Civil Court, if so advised and this writ petition is disposed of accordingly. 18-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 28238 of 2021 To 1.The commissioner of Land Administration Chepauk chennai 05 2.The District Revenue officer Dharmapuri Distirct Dharmapuri https://www.mhc.tn.gov.in/judis WP No. 28238 of 2021 N.ANAND VENKATESH J. rka WP No. 28238 of 2021 18-03-2025 https://www.mhc.tn.gov.in/judis