Madras High Court
S.S.Govindhan vs The Inspector General Of ... on 9 August, 2021
W.P.(MD)No.13772 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.08.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.13772 of 2021
S.S.Govindhan ... Petitioner
Vs.
1. The Inspector General of Registration,
Registration Department,
No.100, Santhome High Road,
Chennai – 600 028.
2. The Deputy Inspector General of Registration,
Registration Department,
Thirumohur Road, Y.Othakadai,
Madurai District.
3. The District Registrar (Administration),
Registration Department,
Madurai Road, Virudhunagar.
4. The Sub-Registrar,
Joint-II Sub-Registrar Office,
Madurai Road, Virudhunagar. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider
petitioner's representation dated 10.07.2021 and to enquire and pass
1/5
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W.P.(MD)No.13772 of 2021
appropriate order on the light of the judgment passed in the
W.P(MD).No.10177 of 2021.
For Petitioner : Mr.Fazil Kirmani
For Respondents : Mr.P.Subbaraj,
Counsel for State
ORDER
The petitioner seeks the consideration of a representation dated
10.07.2021, whereby the petitioner challenges a release deed bearing
Document No.271 of 1979 and seeks the cancellation thereof.
2. The petitioner states that his father passed away on 09.10.1978
and that his mother was the first wife. It is alleged that after the demise of
his father on 09.10.1978, his father's other wives and their children
conspired and executed a release deed bearing Document No.271 of
1979. Upon coming to know of a recent order in W.P(MD).No.10177 of
2021, the petitioner submitted a representation dated 10.07.2021 seeking
an inquiry into the allegedly fraudulent release deed and for cancellation
thereof.
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W.P.(MD)No.13772 of 2021
3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on
behalf of all the respondents.
4. The averments in the affidavit filed in support of the writ
petition and the documents filed in support thereof disclose conclusively
that the challenge is in respect of a release deed bearing Document No.
271 of 1979. As such, about 41 years have lapsed since the date of
registration of the document in question. Although the periods of
limitation specified in the Schedule to the Limitation Act, 1963 do not
apply to proceedings under Article 226 of the Constitution, laches is an
important consideration while entertaining a petition for discretionary
relief.
5. In this case, the petitioner has come to Court after 41 years by
citing a recent order of this Court. The fact that this Court by a recent
order directed the registration authorities to exercise their power to
inquire into fraudulent transactions or transactions involving
impersonation or forgery does not extend the cause of action as regards
this petitioner.
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W.P.(MD)No.13772 of 2021
6. For the reasons aforesaid, W.P(MD).No.13772 of 2021 is
dismissed without any order as to costs.
09.08.2021
Index : Yes
Internet : Yes
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To:
1. The Inspector General of Registration,
Registration Department,
No.100, Santhome High Road,
Chennai – 600 028.
2. The Deputy Inspector General of Registration,
Registration Department,
Thirumohur Road, Y.Othakadai,
Madurai District.
3. The District Registrar (Administration),
Registration Department,
Madurai Road, Virudhunagar.
4. The Sub-Registrar,
Joint-II Sub-Registrar Office,
Madurai Road, Virudhunagar.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13772 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
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W.P.(MD)No.13772 of 2021
09.08.2021
https://www.mhc.tn.gov.in/judis/
