N.Paramasivan vs The Inspector General Of ...
2022 Latest Caselaw 9460 Mad

                                                          1         W.P.(MD)NO.9235 OF 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 06.06.2022

                                                     CORAM

                       THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           W.P.(MD)No.9235 of 2022

                     N.Paramasivan                                     ... Petitioner

                                                       Vs.


                     1. The Inspector General of Registration,
                        Inspector General of Registration Office,
                        Santhome High Road,
                        Chennai – 600 028.

                     2. The District Registrar,
                        District Registrar Office,
                        Registration Department,
                        Tenkasi District.

                     3. The Sub Registrar,
                        Kadayanallur Registration Office,
                        Kadayanallur,
                        Tenkasi District.

                     4. K.Iyyendira Rajan
                     5. K.Pawnraj                            ... Respondents

                                  Prayer: Writ petition is filed under Article 226 of the
                     Constitution of India, to issue a Writ of Mandamus, directing
                     the second respondent to declare the partition deed vide
                     document No.242 of 2019 dated 04.02.2019 and settlement
                     deeds vide document Nos.3197 of 2020 and 3198 of 2020
                     dated 30.12.2020 in respect of the property in Survey
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                                                              2            W.P.(MD)NO.9235 OF 2022

                     No.942/4        of   Kadaiyaluritti        Village,     Sernthamangalam,
                     Kadayanallur Taluk as fraudulent registration by considering
                     the petitioner's representation dated 22.12.2021 within the
                     stipulated time that may be fixed by this Court.


                                  For Petitioner        : Mr.R.Mathavaselvam


                                  For R-1 to R-3        : Mr.K.Selva Ganesan,
                                                          Additional Government Pleader.


                                                          ***


                                                        ORDER

Heard the learned counsel appearing for the

petitioner and the learned Additional Government Pleader

appearing for respondents 1 to 3.

2. The petitioner wants this Court to direct the

second respondent to declare the petition mentioned

registered documents as null and void. According to the

petitioner, the private respondents herein had fraudulently

registered the said documents. It is true that the Inspector

General of Registration has issued circulars for holding

enquiry into acts of fraudulent registration. But then, the

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3 W.P.(MD)NO.9235 OF 2022

registration can be said to be fraudulent only if it is vitiated by

impersonation and / or furnishing of fake documents. Such is

not the case here.

3. Therefore, the question of directing the second

respondent to enquire into the matter does not arise at all.

This is the legal position arising out of the judgment

pronounced by the Hon'ble Supreme Court in Satya Pal

Anand Vs. State of Madhya Pradesh and Ors. [(2016) 10

SCC 767]. In view of the aforesaid decision of the Hon'ble

Supreme Court, the registering authority after registration

cannot cancel the same. After hearing the learned counsel

appearing for the petitioner and going through the affidavit

filed in support of the writ petition, it appears that there is a

civil dispute. It should be resolved only by moving the

jurisdictional civil Court. Moving the registering authority or

filing the writ petition is clearly misconceived.

4. This writ petition stands dismissed. I make it clear

that I have not gone into the merits of the matter. The

petitioner is always at liberty to move the jurisdictional civil

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4 W.P.(MD)NO.9235 OF 2022

Court to establish his rights therein. The dismissal of this writ

petition will not in any way affect the rights of the petitioner.

No costs.

                                                                       06.06.2022

                     Index    : Yes / No
                     Internet : Yes/ No

                     PMU




                     To:

1. The Inspector General of Registration, Inspector General of Registration Office, Santhome High Road, Chennai – 600 028.

2. The District Registrar, District Registrar Office, Registration Department, Tenkasi District.

3. The Sub Registrar, Kadayanallur Registration Office, Kadayanallur, Tenkasi District.

https://www.mhc.tn.gov.in/judis

5 W.P.(MD)NO.9235 OF 2022

G.R.SWAMINATHAN,J.

PMU

W.P.(MD)No.9235 of 2022

06.06.2022

https://www.mhc.tn.gov.in/judis