Madras High Court
Rangasamy vs The Inspector General Of ... on 2 August, 2023
W.P.No.22757 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.22757 of 2023 &
W.M.P.No.22219 of 2023
Rangasamy ... Petitioner
Vs.
1.The Inspector General of Registration,
Office of the Inspector General of Registration,
No.100, Santhome High Road,
Chennai – 600 028.
2.The Deputy Inspector General of Registration,
Kumaragiri Bye-Pas Road,
Ammapet,
Salem – 636 014.
3.The District Registrar,
Krishnagiri District,
Krishnagiri – 635 001.
4.The Sub Registrar,
Hosur Taluk,
Krishnagiri District – 636 109.
5.N.Varadharaj
6.V.Padma ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
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W.P.No.22757 of 2023
issuance of a Writ of Mandamus, directing the 3rd respondent to conduct a
diligent and comprehensive enquiry into the matter by considering the
representation made by the petitioner dated 27.04.2023 and subsequently
cancel the fraudulent Gift Deed dated 09.02.2017 in Doc No 884 / 2017 on
the file of the 4th respondent in respect of 0.45 cents in the property at S. No
627 /1 and 0.55 cents in the property at S. No 625 / B2B measuring to an
extent of 1. 00 acre situated at Moranapalli Village, Hosur Taluk, Krishnagiri
District and remove the above mentioned entries from the encumbrance
certificate.
For Petitioner : Mr.M.Mohamed Afridi
For Respondents 1 to 4 : Mr.D.Ravichander,
Special Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the third
respondent to conduct a diligent and comprehensive enquiry into the matter
by considering the representation made by the petitioner dated 27.04.2023
and subsequently cancel the fraudulent Gift Deed dated 09.02.2017 in Doc
No 884 / 2017 on the file of the fourth respondent in respect of 0.45 cents in
the property at S. No 627 /1 and 0.55 cents in the property at S. No 625 /
B2B measuring to an extent of 1. 00 acre situated at Moranapalli Village,
Hosur Taluk, Krishnagiri District and remove the abovementioned entries
from the encumbrance certificate.
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W.P.No.22757 of 2023
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. Subsequently, a circular dated
10.06.2023 has been issued by the Inspector General of Registration in
Circular No. 01/2023. 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
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W.P.No.22757 of 2023
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
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.
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W.P.No.22757 of 2023
4. Accordingly, this Writ Petition stands disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
02.08.2023
nl
Index : Yes
To
1.The Inspector General of Registration,
Office of the Inspector General of Registration,
No.100, Santhome High Road,
Chennai – 600 028.
2.The Deputy Inspector General of Registration,
Kumaragiri Bye-Pas Road,
Ammapet,
Salem – 636 014.
3.The District Registrar,
Krishnagiri District,
Krishnagiri – 635 001.
4.The Sub Registrar,
Hosur Taluk,
Krishnagiri District – 636 109.
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W.P.No.22757 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.22757 of 2023
02.08.2023
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