Madras High Court
J.Logambal vs The Deputy Inspector General Of ... on 11 November, 2021
WP.No.24190 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
WP.No.24190 of 2021 and
WMP.No.25520 of 2021
J.Logambal ... Petitioner
Vs
1.The Deputy Inspector General of Registration,
Coimbatore,
Coimbatore District
2.The District Registrar(Administration),
Tiruppur,
Tiruppur District
3.G.Viswanathan
4.The Sub Registrar,
Vellakovil,
Kangeyam,
Tiruppur District
5.V.Balasubramaniam
6.K.Dhandapani
7.M.Alamathal
8.M.Thilagavathy
9.K.Gandhimathi
10.K.Veeravel ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
WP.No.24190 of 2021
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the records of
order dated Nil.08.2021 in proceedings No.Na.Ka.No.3263/E2/2021 on the
file of first respondent and quash the same and consequently direct the
second respondent to initiate proceedings under Section 82 of Registration
Act against respondents No.3, 5 to 10.
For Petitioner : Mr.K.Myilsamy
For Respondents
For R1,2&4 : Mr.Yogesh Kannadasan,
Government Advocate
ORDER
This writ petition is filed to issue a Writ of Certiorarified
Mandamus calling for the records of order dated Nil.08.2021 in proceedings
No.Na.Ka.No.3263/E2/2021 on the file of first respondent and quash the
same and consequently direct the second respondent to initiate proceedings
under Section 82 of Registration Act against respondents No.3, 5 to 10.
https://www.mhc.tn.gov.in/judis
WP.No.24190 of 2021
2. The case of the petitioner is that the petitioner inherited the
subject property by the Will dated 15.12.1999. The petitioner settled the
subject property in favour of her son by the registered settlement deed dated
04.02.2008 registered vide document No.369 of 2008 on the file of the Sub
Registrar, Vellakovil. However, the other heirs of the petitioner's family
members filed suit for partition in OS.No.156 of 2000 on the file of the Sub
Court, Dharapuram and the same was dismissed by the judgment and decree
dated 28.09.2005. Aggrieved by the same, appeal suit was filed and the
same was allowed in favour of them by the judgment and decree dated
21.11.2006. The petitioner filed second appeal in SA.No.451 of 2007 before
this Court and it is pending. While being so, the third respondent, who is the
petitioner's grandfather's brother had purchased the undivided share from
the other legal heirs to file suit by the deed registered vide document
No.1392 of 2010. The third respondent, in view of the fact that the subject
property does not belong to the said heirs of the petitioner's family and even
then, purchased the property by fraudulent sale. Therefore, the petitioner
lodged complaint before the second respondent under Sections 82 and 83 of
the Registration Act.
https://www.mhc.tn.gov.in/judis
WP.No.24190 of 2021
3. The second respondent after conducting enquiry, rejected the
complaint by order dated 09.03.2020 for the reason that the District
Registrar has no power to enquire with regards to title over the property.
Aggrieved by the same, the petitioner preferred appeal before the first
respondent beyond the period of 60 days of limitation. Therefore, the first
respondent rejected the appeal filed by the petitioner by the impugned order
for the reason that the appeal was preferred belatedly and the appeal is
barred by limitation. The reason stated by the petitioner for the delay in
filing the appeal is that due to corona pandemic circumstances, the
petitioner could not able to file the appeal in time.
4. Considering the above, the impugned order passed by the first
respondent cannot be sustained and it is liable to be set aside. Accordingly,
the impugned order dated Nil.08.2021 is set aside and the writ petition is
allowed. The appeal is remanded back to the first respondent for fresh
consideration. The first respondent is directed to issue notice to the counter
parties i.e. respondents 3,5 to 10 and after giving them opportunity of
hearing and pass orders on merits and in accordance with law within a
https://www.mhc.tn.gov.in/judis
WP.No.24190 of 2021
period of sixteen weeks from the date of receipt of copy of this order.
Consequently, connected miscellaneous petition is closed. No order as to
costs.
11.11.2021
lok
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
https://www.mhc.tn.gov.in/judis
WP.No.24190 of 2021
G.K.ILANTHIRAIYAN, J.
lok
To
1.The Deputy Inspector General of Registration,
Coimbatore,
Coimbatore District
2.The District Registrar(Administration),
Tiruppur,
Tiruppur District
3.The Sub Registrar,
Vellakovil,
Kangeyam,
Tiruppur District
WP.No.24190 of 2021
11.11.2021
https://www.mhc.tn.gov.in/judis
