Pooja Balaram vs The District Registrar
2023 Latest Caselaw 10708 Mad

Citation : 2023 Latest Caselaw 10708 Mad
Judgement Date : 18 August, 2023

Madras High Court

Pooja Balaram vs The District Registrar on 18 August, 2023

    2023:MHC:3901

                                                                          W.P.No.24299 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 18.08.2023

                                                      CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                               W.P.No.24299 of 2023


                     Pooja Balaram                                    ... Petitioner

                                                        Vs.

                     1.The District Registrar,
                       Office of the District Registrar,
                       Krishnagiri District,
                       Krishnagiri – 635 115, Tamil Nadu.

                     2.The Sub Collector,
                       Office of the District Collector,
                       Hosur Taluk, Thenkanikottai Road,
                       Krishnagiri District,
                       Hosur – 635 109, Tamil Nadu.

                     3.The Revenue Divisional Officer,
                       Office of the Revenue Divisional Office,
                       Soolagiri, Hosur Taluk,
                       Krishnagiri District 635 109, Tamil Nadu.

                     4.The Tahsildar,
                       Office of the Tahsildar,
                       Soolagiri, Hosur Taluk,
                       Krishnagiri District 635117, Tamil Nadu.       ... Respondents




                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                           W.P.No.24299 of 2023

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, to direct the 1st respondent to consider the
                     representation dated 17.04.2023 thereby direct the 1st respondent to conduct
                     enquiry to cancel the registered document vide Doc No.402 of 2007, on the
                     file of the 2nd respondent.


                                        For Petitioner             : Mr.M.Sunil Kumar.

                                        For Respondents            : Mr.E.Sundaram,
                                                                     Government Advocate.




                                                             ORDER

The relief sought for in the present writ petition is to direct 1st

respondent to consider the representation dated 17.04.2023, thereby direct

the 1st respondent to conduct enquiry to cancel the registered document in

Document No.402 of 2007, on the file of the 2nd respondent.

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

https://www.mhc.tn.gov.in/judis W.P.No.24299 of 2023

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 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

https://www.mhc.tn.gov.in/judis W.P.No.24299 of 2023

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 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.

18.08.2023

Veda/Jeni Index : Yes

https://www.mhc.tn.gov.in/judis W.P.No.24299 of 2023

Speaking order/Non-speaking order Neutral Citation : Yes/No

1.The District Registrar, Office of the District Registrar, Krishnagiri District, Krishnagiri – 635 115, Tamil Nadu.

2.The Sub Collector, Office of the District Collector, Hosur Taluk, Thenkanikottai Road, Krishnagiri District, Hosur – 635 109, Tamil Nadu.