Madras High Court
K.Ganesan vs The Inspector Of Registration on 17 August, 2023
W.P.No.24095 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.24095 of 2023
K.Ganesan ... Petitioner
Vs.
1. The Inspector Of Registration,
No.100, Santhome High Road,
Raja Annamalaipuram, Chennai-28.
2. The District Registrar (North),
Office Of The District Registrar,
Kuralagam Buildings, 1st Floor,
Parrys, Chennai-108.
3. The Sub Registrar,
Office Of The Sub Registrar,
Kaladipet, Chennai-19.
4. K.Perumal
5. S.Mukesh Kumar
6. Gunasekaran
7. Shyamala
8. Rajeswari
9. Thiruvel Kannan
Page 1 of 6
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W.P.No.24095 of 2023
10. E.Murugeswari ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents herein more
particularly the 3rd respondent herein viz., the District Registrar (North)
Chennai to consider the Representation of the petitioner herein dated
27.02.2023 forthwith in cancelling the Forged Power of attorney executed by
the Principal Perumal in favour of his power agent Mukesh Kumar and the
sale deeds executed in favour of the respondents 6 to 10 viz Power of
Attorney bearing document No.1635 of 2019 and the sale deed in favour of
Gunasekaran and Shyamala in No.9468 of 2019 sale deed bearing document
No.749 of 2020 in favour of Rajeswari and Thiruvelkannan and sale deed
bearing document No.5254 of 2019 in favour of Murugesan forthwith.
For Petitioner : Mr.M.R.K.Senthil Kumaran
For Respondents 1 to 3 : Mr.D.Ravichander
Special Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the
respondents herein, more particularly the 3rd respondent herein viz., the
District Registrar (North) Chennai, to consider the Representation of the
petitioner herein dated 27.02.2023, forthwith in cancelling the Forged Power
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W.P.No.24095 of 2023
of attorney executed by the Principal Perumal in favour of his power agent
Mukesh Kumar and the sale deeds executed in favour of the respondents 6 to
10 viz Power of Attorney bearing document No.1635 of 2019 and the sale
deed in favour of Gunasekaran and Shyamala in No.9468 of 2019 sale deed
bearing document No.749 of 2020, in favour of Rajeswari and
Thiruvelkannan and sale deed bearing document No.5254 of 2019 in favour
of Murugesan forthwith.
2. The issues raised in the present writ petition were adjudicated by this
Court in a batch of writ petitions in W.P.No.4192 of 2018 [A.Selvam vs. The
Sub Registrar, Dadagapatti, Salem District] etc., and batch, and a
judgment was delivered on 15.06.2023. In this regard, the Inspector General
of Registration has issued a Letter No.19464/U1/2023 dated 10.06.2023 in
Circular No.1 of 2023. The relevant paragraphs of the above said judgment
are extracted hereunder:
“33. In view of the facts and circumstances,
the following orders are passed:
(1) In respect of the complaints pending
before the District Registrars concerned
and the appeals pending before the
respective Appellate Authorities, the
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W.P.No.24095 of 2023
Inspector General of Registration shall
direct all the authorities to follow
Circular No.1/2023 dated 10.06.2023
strictly for the purpose of disposal of the
complaints and the appeals in a
consistent manner;
(2) The Inspector General of Registration is
directed to incorporate the further
clarifications as stated in this order and
issue a fresh Circular within a period of
two weeks from the date of receipt of a
copy of this order;
(3) The respondents are directed to relegate
the parties to approach Civil Court of
Law, in the event of disputed facts
regarding civil rights exist between the
parties.
(4) In the event of violation of the guidelines
issued by the Inspector General of
Registration or the directions issued by
this Court or any other lapses,
negligence or dereliction of duty is found
while performing the duties by the
authorities, departmental disciplinary
proceedings are to be initiated under the
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W.P.No.24095 of 2023
relevant Service Rules.
(5) The Inspector General of Registration is
directed to conduct periodical Reviews
as warranted under the Rules of Public
Administration.”
3. In view of the fact that the case of the petitioner is also similar to that
of the cases (cited supra), the case of the petitioner is also to be considered on
the same line.
4. Accordingly, this Writ Petition stands disposed of. No costs.
Sha 17.08.2023
Index : Yes
Neutral Citation : Yes
Speaking order
To
1. The Inspector Of Registration,
No.100, Santhome High Road,
Raja Annamalaipuram, Chennai-28.
2. The District Registrar (North),
Office Of The District Registrar,
Kuralagam Buildings, 1st Floor,
Parrys, Chennai-108.
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W.P.No.24095 of 2023
S.M.SUBRAMANIAM, J.
Sha
3. The Sub Registrar,
Office Of The Sub Registrar,
Kaladipet, Chennai-19.
W.P.No.24095 of 2023
17.08.2023
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