Madras High Court
P.Subbulakshmi vs The District Registrar on 11 April, 2022
W.P.(MD)No.6679 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.6679 of 2022
1.P.Subbulakshmi
2.G.Jegajothimani .. Petitioners
Vs
1.The District Registrar,
District Registrar Office,
No.171, Palace Road,
Madurai South,
Madurai – 625 001.
2.Dheenadayalan
3.S.Amudhadevi .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the 1st respondent to conduct
enquiry on the fraudulent sale deed in Document No.1332/2018 and
General Power of Attorney in Document No.1/2003, on the file of
Natham Sub Registrar Office, Dindigul District, based on the petitioner's
complaint, dated 19.01.2022, as per the circular issued by the Inspector
1/7
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W.P.(MD)No.6679 of 2022
General of Registration in his proceedings in Letter No.41530/U1/2017,
dated 08.11.2017 and proceed in accordance with law.
For Petitioners : Mr.V.Kishore Kumar
For Respondents : Mr.S.Shanmugavel for R1
Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a
direction to the first respondent to conduct enquiry on the alleged
fraudulent sale deed, dated 30.05.2018, registered as document No.
1332/2018 and the alleged fraudulent General Power of Attorney bearing
document No.1/2003, on the file of the Natham Sub Registrar's Office,
Dindigul District, based on the petitioner's complaint, dated 19.01.2022,
within a time frame to be fixed by this Court.
2.The case of the petitioners is that the property conveyed under
the sale deed, dated 30.05.2018, registered as document No.1332/2018,
is their absolute property. According to the petitioners, patta also stands
in their name. They have given the details as to how they became the
owners of the property in the affidavit filed in support of this writ
petition.
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W.P.(MD)No.6679 of 2022
3.However, according to the petitioners, they came to know only
recently that a fraud has been played upon them by the second
respondent, who has got a sale deed, dated 30.05.2018, registered in the
name of the third respondent for the very same property, based upon a
power of attorney executed in favour of the second respondent in the
year 2003, through document No.1/2003. Having come to know about
the fraud, the petitioners have given a complaint to the first respondent
on 19.01.2022, calling upon the first respondent to take action and cancel
the sale deed and the power of attorney based on the circular issued by
the Inspector General of Registration, dated 08.11.2017. Since the
complaint of the petitioners has not been responded by the first
respondent, the petitioner has filed this writ petition.
4.Heard Mr.V.Kishore Kumar, learned counsel appearing for the
petitioner and Mr.S.Shanmugavel, learned Additional Government
Pleader, who accepts notice on behalf of the first respondent.
5.The petitioners have filed the following documents along with
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W.P.(MD)No.6679 of 2022
this writ petition.
a) Copy of the Judgment passed by the Principal Subordinate Judge,
Dindigul in O.S.No.247 of 2010, dated 13.06.2011.
b) Copy of the Decree passed by the Principal Subordinate Judge,
Dindigul in O.S.No.247 of 2010, dated 13.06.2011.
c) Copy of the patta in patta No.1238, dated 10.09.2013.
d) Copy of the patta in patta No.2285, dated 10.09.2013.
e) Copy of the final decree passed by the learned Principal Subordinate
Judge, in I.A.No.458 of 2011, dated 17.04.2014.
f) Copy of the Judgment passed by the learned Principal Subordinate
Judge, in I.A.No.458 of 2011, dated 17.04.2014.
g) The proceedings of the Inspector General of Registration in letter No.
41530/U1/2017, dated 08.11.2017.
h) Copy of the sale deed executed by the second respondent to the third
respondent in document No.1332/2018, dated 30.05.2018.
I) Copy of the complaint given by the petitioners to the first respondent,
dated 19.01.2022.
6.As seen from the aforementioned documents, on a prima facie
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W.P.(MD)No.6679 of 2022
consideration, this Court is of the considered view that the grievance
raised by the petitioners in this writ petition has to be considered on
merits and in accordance with law, by the first respondent. This Court
also deems it fit that even though the second and third respondents have
been made as party respondents, there is no necessity to issue notice to
them in this writ petition, in view of the serious allegations levelled
against them, which are supported by the documents.
7.No prejudice will be caused to the respondents, if the petitioner,
the second and third respondents are heard in the enquiry proceedings to
be conducted by the first respondent, pursuant to the directions given by
this Court.
8.For the foregoing reasons, this Court directs the first respondent
to conduct enquiry on the petitioners' complaint, dated 19.01.2022,
seeking for cancellation of the sale deed, dated 30.05.2018, registered as
document No.1332/2018 and the power of attorney as document No.
1/2003 and pass final orders on merits and in accordance with law, after
affording a fair hearing to the petitioners and the respondents 2 and 3,
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W.P.(MD)No.6679 of 2022
including granting them the right of personal hearing, within a period of
twelve weeks from the date of receipt of a copy of this order.
9.With the aforesaid directions, this writ petition is disposed of. No
costs.
11.04.2022
Index: Yes/No
Internet : Yes/No
TM
Note:In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy,
shall be the responsibility of the Advocate/litigant
concerned.
To
1.The District Registrar,
District Registrar Office,
No.171, Palace Road,
Madurai South,
Madurai – 625 001.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6679 of 2022
ABDUL QUDDHOSE, J.
TM
W.P.(MD)No.6679 of 2022
11.04.2022
https://www.mhc.tn.gov.in/judis
