J.Kalaiselvi vs The District Registrar Office
2023 Latest Caselaw 7453 Mad

                                                                                   W.P.No.12087 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 03.07.2023

                                                           CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                  W.P.No.12087 of 2023

                     J.Kalaiselvi                                                ... Petitioner
                                                             Vs.

                     1.The District Registrar Office,
                       Office of the District Registrar of Registration,
                       M.V.Street, Veera Raghva Nagar,
                       Thiruvallur – 602 001.

                     2.The Sub Registrar,
                       Manavalanagar Registrar Office,
                       Thandalam Road,
                       Nungambakkam Village,
                       Tamil Nadu – 602 002.                                     ... Respondents

                     Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
                     to issue Writ of Mandamus, directing the respondents to cancel the
                     fraudulent sale deed in Document No.113/1984 in Volume 7 pages 267
                     dated 06.02.1984 on the file of Sub-Registrar Manavalanagar by
                     considering the representation of the petitioner dated 27.02.2023.


                                     For Petitioner            : Mr.L.P.Shanmugasundaram

                                     For Respondents           : Mr.D.Ravichander,
                                                                 Special Government Pleader


                     Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                                        W.P.No.12087 of 2023


                                                           ORDER

The writ petition has been filed for directing the respondents to

cancel the fraudulent sale deed in Document No.113/1984 in Volume 7

dated 06.02.1984 on the file of Sub-Registrar Manavalanagar by

considering the representation dated 27.02.2023 made by the petitioner.

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 & etc., batch,

and a judgment was delivered on 15.06.2023 and the relevant paragraphs of

the judgment are extracted hereunder:

“ 33. In view of the facts and circumstances, the

following orders are passed:

(i) 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;

https://www.mhc.tn.gov.in/judis W.P.No.12087 of 2023

(ii) 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;

(iii) 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.

(iv) 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.

(v) The Inspector General of Registration is

directed to conduct periodical Reviews as warranted

under the Rules of Public Administration.

https://www.mhc.tn.gov.in/judis W.P.No.12087 of 2023

3. In view of the fact that the case of the petitioner is also similar to

that of the cases (cited supra), this writ petition stands disposed of.

No costs.

03.07.2023 skr Index : Yes Speaking order

To

1.The District Registrar Office, Office of the District Registrar of Registration, M.V.Street, Veera Raghva Nagar, Thiruvallur – 602 001.

2.The Sub Registrar, Manavalanagar Registrar Office, Thandalam Road, Nungambakkam Village, Tamil Nadu – 602 002.

https://www.mhc.tn.gov.in/judis W.P.No.12087 of 2023

S.M.SUBRAMANIAM, J.

skr

W.P.No.12087 of 2023

03.07.2023

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