Madras High Court
Sakamuri Rajagopal vs The Inspector General Of ... on 4 July, 2023
W.P.No.19638 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.19638 of 2023
and
W.M.P.No.18896 of 2023
Sakamuri Rajagopal ... Petitioner
vs.
1. The Inspector General of Registration
Registration Department,
Santhome High Road,
Foreshore Estate, Chennai.
2. The District Registrar(Admin),
Tiruvallur District, Uthukottai Road,
Vetanginallur Village,
Balind ICMR, Tiruvallur.
3. The Sub Registrar Ponneri,
Office of The Sub Registrar,
Ponneri Taluk,
Tiruvallur District.
4. Mr. P. Ragunathan
5. Mr. P. Pratap
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W.P.No.19638 of 2023
6. R.Thanushika
7. Mrs. Usha
8. Mrs. Sandhiya
9. Mr. R. Rajesh
10. Mrs. R.Priyanka ... Respondents
Prayer :- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Mandamus, direct the 2nd respondent in
taking action upon the complaint dated 09/03/2023 under Sections 68(2)
and 77A of the registration Act with respect to the property measuring an
extent of acre 3.47 cents in Survey No.434/1(434/1B1A1A) of Ponneri II
Village, Ponneri Taluk and cancel the settlement deeds bearing documents
numbers 2598/2019, 6662/2019, 3161/2019, 1999/2020, 5352/2020,
5353/2020 and 3872/2020, Power of Attorney bearing documents
no.44/2020 and Sale Deed bearing document No.5819/2020 and to lodge a
complaint for the fraud and forgery committed upon the office.
For Petitioner : Mr.M.L.Ramesh
For Respondents :
(for R1 to R3) : Mr.D.Ravichander, Spl.G.P.
ORDER
The relief sought for in the writ petition is to direct the 2nd
respondent in taking action upon the complaint dated 09/03/2023 under
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W.P.No.19638 of 2023
Sections 68(2) and 77A of the registration Act with respect to the property
measuring an extent of acre 3.47 cents in Survey No.434/1(434/1B1A1A)
of Ponneri II Village, Ponneri Taluk and cancel the settlement deeds
bearing documents numbers 2598/2019, 6662/2019, 3161/2019,
1999/2020, 5352/2020, 5353/2020 and 3872/2020, Power of Attorney
bearing documents no.44/2020 and Sale Deed bearing document
No.5819/2020 and to lodge a complaint for the fraud and forgery
committed upon the office.
2.The issues raised in the present writ petition were adjudicated by
this Court in a batch of writ petitions in W.P.Nos.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
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W.P.No.19638 of 2023
disposal of the complaints and the appeals in a consistent
manner;
(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.”
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W.P.No.19638 of 2023
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. Accordingly, this writ petition stands
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
(sha) 04.07.2023
Index : Yes
Speaking Order
Neutral Citation : Yes
To
1. The Inspector General of Registration
Registration Department,
Santhome High Road,
Foreshore Estate, Chennai.
2. The District Registrar(Admin),
Tiruvallur District, Uthukottai Road,
Vetanginallur Village,
Balind ICMR, Tiruvallur.
3. The Sub Registrar Ponneri,
Office of The Sub Registrar,
Ponneri Taluk,
Tiruvallur District.
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W.P.No.19638 of 2023
S.M.SUBRAMANIAM. J.,
(sha)
W.P.No.19638 of 2023
04.07.2023
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