W.P.No.13150 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.13150 of 2023
and
W.M.P.No.12913 and 12915 of 2023
U.Gomathy ... Petitioner
Vs.
1.Inspector General of Registration,
No.100, Santom High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalaipuram,
Chennai – 600 028.
2.The District Registrar (Chennai North),
Chennai North District Registrar Office,
1st Floor, Kuralagam Building,
NSC Bose Road, Esplanade Street,
Chennai – 600 108.
3.The Sub Registrar,
Royapuram Sub Registration Office,
Mayor Basudev Street, Korukkupet,
Tondiarpet, Chennai – 600 021.
4.The Sub Registrar,
Tiruvottiyur Sub Registration Office,
Sakthi Puram, Tiruvottiyur,
Chennai – 600 019.
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W.P.No.13150 of 2023
5.The Sub Registrar,
Sembiam Sub Registration Office,
340, Paper Mills Road, Jagannathan Colony,
Perambur, Chennai – 600 011.
6.A.Saravanan
7.A.Gajendran
8.Mrs.T.Madhavi W/o T.Hemachandra
9.Mrs.T.Kavitha W/o T.Murali Mohan ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue Writ of Mandamus, directing the 1 to 5 respondents to consider and
dispose the petitioner's representation on dated 25.12.2022 and 06.02.2023
by conducting an enquiry and by following the procedural law and by
passing suitable orders in pertaining to cancel the fraudulent transactions
and to make a note in the Index-II as fraudulent (false Release Deed and
Sale deeds) in encumbrance for (Doc No.7007 of 2010, Doc No.2287 of
2012 & Doc No.4100 of 2021) as the registration is annulled.
For Petitioner : Mr.Gokula Rao N
For R1 to R5 : Mr.E.Sundaram,
Government Advocate
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W.P.No.13150 of 2023
ORDER
The writ petition has been filed for directing the 1 to 5 respondents to consider and dispose the representations dated 25.12.2022 and 06.02.2023 submitted by the petitioner.
2. The issues raised in the present writ petition were adjudicated by this Court in a batch of writ petitions in W.P.No.4192 of 2018 & etc., batch, and a judgment was delivered on 15.06.2023 and the relevant paragraphs of the judgment are extracted hereunder:
“ 33. In view of the facts and circumstances, the following orders are passed:
(i) In respect of the complaints pending before the District Registrars concerned and the appeals pending before the respective Appellate Authorities, the Inspector General of Registration shall direct all the authorities to follow Circular No.1/2023 dated 10.06.2023 strictly for the purpose of disposal of the complaints and the appeals in a consistent manner;
(ii) The Inspector General of Registration is Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.13150 of 2023 directed to incorporate the further clarifications as stated in this order and issue a fresh Circular within a period of two weeks from the date of receipt of a copy of this order;
(iii) The respondents are directed to relegate the parties to approach Civil Court of Law, in the event of disputed facts regarding civil rights exist between the parties.
(iv) In the event of violation of the guidelines issued by the Inspector General of Registration or the directions issued by this Court or any other lapses, negligence or dereliction of duty is found while performing the duties by the authorities, departmental disciplinary proceedings are to be initiated under the relevant Service Rules.
(v) The Inspector General of Registration is directed to conduct periodical Reviews as warranted under the Rules of Public Administration. Page 4 of 6
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3. In view of the fact that the case of the petitioner is also similar to that of the cases (cited supra), this writ petition stands disposed of.
No costs.
03.07.2023 skr Index : Yes Speaking order To
1.Inspector General of Registration, No.100, Santom High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai – 600 028.
2.The District Registrar (Chennai North), Chennai North District Registrar Office, 1st Floor, Kuralagam Building, NSC Bose Road, Esplanade Street, Chennai – 600 108.
3.The Sub Registrar, Royapuram Sub Registration Office, Mayor Basudev Street, Korukkupet, Tondiarpet, Chennai – 600 021.
4.The Sub Registrar, Tiruvottiyur Sub Registration Office, Sakthi Puram, Tiruvottiyur, Chennai – 600 019.
5.The Sub Registrar, Sembiam Sub Registration Office, 340, Paper Mills Road, Jagannathan Colony, Perambur, Chennai – 600 011.
Page 5 of 6https://www.mhc.tn.gov.in/judis W.P.No.13150 of 2023 S.M.SUBRAMANIAM, J.
skr W.P.No.13150 of 2023 03.07.2023 Page 6 of 6 https://www.mhc.tn.gov.in/judis