Mr.L.Senathirajan ... vs The Inspector General Of ...
2023 Latest Caselaw 10715 Mad

    2023:MHC:3900

                                                                                   W.P.No.24387 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.24387 of 2023


                     Mr.L.Senathirajan Soosaimanickam                       ... Petitioner

                                                          Vs.

                     1.The Inspector General of Registration,
                       Tamil Nadu Government Registration Department,
                       No.100, Santhome High Road,
                       Pattinapakkam,
                       Chennai – 600 028.

                     2.The District Registrar,
                       District Registrar Office,
                       No.1, Kutchary Road,
                       Mayiladuthurai – 609 001.

                     3.The Revenue Divisional Officer,
                       Mayiladuthurai Revenue Division,
                       Mayiladuthurai – 609 001.

                     4.S.Lourdu Raj                                     ... Respondents



                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, to direct the 2nd respondent to conduct
                     enquiry and pass orders on the petitioner's representation dated 13.10.2022

                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                         W.P.No.24387 of 2023

                     under Section 77-A of the Tamil Nadu Registration Amendment Act, 2022 in
                     respect of the forged Document No.2311 of 2009, dated 11.12.2009, Sub
                     Registrar Office, Mayiladuthurai admeasuring an extent of 0.82 cents.


                                        For Petitioner            : Mrs.S.Padma

                                        For R1 to R3              : Mr.T.Venkatesh Kumar,
                                                                     Special Government Pleader.




                                                            ORDER

The relief sought for in the present writ petition is to direct the 2nd

respondent to conduct enquiry and pass orders on the petitioner's

representation dated 13.10.2022 under Section 77-A of the Tamilnadu

Registration Amendment Act, 2022 in respect of the forged Document

No.2311 of 2009, dated 11.12.2009, registered at the Sub-Registrar Office,

Mayiladuthurai admeasuring to an extent of 0.82 cents.

2. 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.24387 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.24387 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.24387 of 2023

Speaking order Neutral Citation : Yes/No

To

1.The Inspector General of Registration, Tamil Nadu Government Registration Department, No.100, Santhome High Road, Pattinapakkam, Chennai – 600 028.

2.The District Registrar, District Registrar Office, No.1, Kutchary Road, Mayiladuthurai – 609 001.

3.The Revenue Divisional Officer, Mayiladuthurai Revenue Division, Mayiladuthurai – 609 001.

https://www.mhc.tn.gov.in/judis W.P.No.24387 of 2023

S.M.SUBRAMANIAM, J.

veda/jeni

W.P.No.24387 of 2023

18.08.2023

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