Madras High Court
R.Balakrishnan vs )The Inspector General Of ... on 29 July, 2021
W.P(MD)No.12895 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.07.2021
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No.12895 of 2021
and
WMP(MD)No.9970 of 2021
R.Balakrishnan ... Petitioner
vs.
1)The Inspector General of Registration,
O/o. The Inspector General of Registration,
Chennai-600 028.
2)The District Registrar,
O/o. The District Registrar,
Palayamkottai,
Tirunelveli District.
3)The Sub-Registrar,
O/o.The Sub Registrar,
Kovilpatti,
Tuticorin District.
4)J.Sridhar ... Respondents
Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, for a direction directing
the Respondent 1 to 3 to conduct enquiry with regard to fraudulent
registration made by the respondent by the respondent No.4 in
accordance with the Circular/Letter No.41530/U1/2017 dated 08.11.2017
issued by the respondent No.1 and consequently initiate criminal
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W.P(MD)No.12895 of 2021
proceedings against the Respondent No.4 and record the findings of the
enquiry in encumbrance certificate within the time period stipulated by
this Hon'ble Court.
For Petitioner : Mr.T.Lajapthi Roy
For R1 to R3 : Mr.M.Lingadurai, Government Advocate
ORDER
The petitioner has filed this writ petition for issuance of a Writ of
Mandamus, directing the Respondent 1 to 3 to conduct enquiry with
regard to fraudulent registration made by the 4th respondent and
consequently initiate criminal proceedings against him and record the
findings of the enquiry in the encumbrance certificate within the time
period to be stipulated by this Court.
2.The learned counsel for the petitioner would state that the
properties in Survey No.516/1A in Ilupaiurani Village, Kovilpatti Taluk,
Tuticorin District, originally belonged to the petitioner's grandfather and
after his demise, it was devolved on his five children inlcuding the
petitioner's father namely, Periya Ramasamy and now the petitioner and
his father are in possession and enjoyment of the above property. He
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W.P(MD)No.12895 of 2021
would further state that one M.Petchimuthu had fradulently obtained the
sale deed from Perumal Samy S/o.Periya Ramasamy, Sankar Raj
S/o.Chinna Ramasamy, Renga Samy S/o.Sangava Naicker, Dhanush Kodi
S/o.Seeni Naicker, without the knowledge of other 23 legal heirs and
therefore, the petitioner filed a suit for declaration and injunction in
O.S.No.172/2003 before the District Munsif Court, Kovilpatti, to declare
the sale deed executed in favour of the said Petchimuthu as illegal and to
injunct Petchimuthu and his men from disturbing peaceful possession of
the subject property. The said suit was dismissed, against which, the
petitioner filed A.S.No.54/2007 before the Sub Court, Kovilpatti and the
same was allowed by judgment and decree dated 15.04.2009 reversing
the judgment passed in the suit.
3.He would further state that the said Petchimuthu died on
12.12.2012 and his wife Thangammal and his sons Rajagopal, Ramesh
and daughter Meenakumari had executed a sale deed on 30.06.2021 in
favour of the 4th respondent who is an advocate practicing in civil courts,
Kovilpatti, in respect of the suit property vide sale deed No.5542/2021.
Thus, the petitioner lodged a complaint to the 2nd respondent with regard
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W.P(MD)No.12895 of 2021
to the fraudulent registration done by the 4th respondent in sale deed No.
5542/2021 dated 30.06.2021 and to take action in the light of the circular
No.67 dated 03.11.2011 issued by the 1st respondent.
4.The learned counsel for the petitioner would further state that the
circular issued by the 1st respondent in Letter No.41530/U1/2017 dated
08.11.2017, categorically provides for the procedure to deal with the
complaints relating to the fraudulent registrations and once the enquiry is
completed by following the summary procedure, the 2nd respondent shall
pass a speaking order and communicate the same to the petitioner
through registered post. Further, under Section 83 of the Registration
Act, 1908, the registering officers are empowered to initiate criminal
prosecution for any offence under this Act. Thus, the petitioner made a
representation dated 10.08.2020 to the respondents 1 to 3, to initiate
criminal prosecution against the 4th respondent in the light of the circular
in Letter No.41530/U1/2017 dated 08.11.2017, but no action has been
taken. He has also made a representation dated 12.07.2021 in this regard
and there was no response. Hence, this writ petition.
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W.P(MD)No.12895 of 2021
5.When the writ petition is taken up for hearing, the learned
counsel for the petitioner would state that it is suffice if the petitioner's
representations dated 10.08.2020 and 12.07.2021 are disposed of by the
respondents 2 and 3 within a time frame, for which, the learned
Government Advocate appearing for the respondents 1 to 3 has agreed.
6.Heard the learned counsel for the petitioner as well as the learned
Government Advocate for the respondents 1 to 3. Since no adverse order
is going to be passed, notice to the 4th respondent is not necessary.
7.Though the petitioner has come out with the larger prayer, during
the hearing, the learned counsel for the petitioner would state that it
would be suffice if the petitioner's representations dated 10.08.2020 and
12.07.2021 are disposed of within a time frame. Therefore, without
adverting to the merits of the case, the respondents 2 and 3 are directed to
consider and pass orders on the petitioner's representations dated
10.08.2020 and 12.07.2021 in accordance with law, within a period of
twelve weeks from the date of receipt of a copy of this order.
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W.P(MD)No.12895 of 2021
J.NISHA BANU, J.
bala/tm
8.The writ petition is disposed of with the above directions. No
costs. Consequently, connected miscellaneous petition is closed.
Index : Yes / No
Internet : Yes / No
bala/tm 29.07.2021
To
1)The Inspector General of Registration,
O/o. The Inspector General of Registration,
Chennai-600 028.
2)The District Registrar,
O/o. The District Registrar,
Palayamkottai,
Tirunelveli District.
3)The Sub-Registrar,
O/o.The Sub Registrar,
Kovilpatti,
Tuticorin District.
ORDER MADE IN
W.P(MD)No.12895 of 2021
DATED : 29.07.2021
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