Mrs.Pushpam vs The Inspector General Of ...
2023 Latest Caselaw 7676 Mad

                                                                            W.P.No.19658 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 05.07.2023

                                                        CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                  W.P.No.19658 of 2023
                                                          and
                                                 W.M.P.No.18918 of 2023


                     1.Mrs.Pushpam

                     2.M.Sakthivel

                     3.Kumaravel

                     4.Padmavathi                                         ... Petitioners

                                                          Vs.


                     1.The Inspector General of Registration,
                       Santhome High Road,
                       Chennai – 600 028.

                     2.The District Registrar,
                       Perambalur District,
                       Perambalur.

                     3.The Sub-Registrar,
                       Sub-Registrar Office,
                       Chettikulam,
                       Alathur Taluk,
                       Perambalur District.                               ... Respondents


                     Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                                     W.P.No.19658 of 2023



                     Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
                     to issue Writ of Mandamus, directing the 2nd respondent to complete the
                     enquiry proceedings Na.Ka.707/U/2022 dated 19.01.2023 passed by the
                     2nd respondent, based on the petitioner representation dated on 29.03.2022.


                                        For Petitioner          : Mr.C.Vidhusan

                                        For Respondents         : Mr.G.Krishna Raja,
                                                                  Additional Government Pleader

                                                                ORDER

The notice of enquiry dated 19.01.2023 passed in Na.Ka.707/U/2022

is sought to be assailed in the present writ petition.

2. The writ petitioners state that the subject properties are their

ancestral properties and the 2nd petitioner / Mr.M.Sakthivel has given a

complaint to the District Registrar, Perambalur, under Section 77(A) of the

Registration Act to cancel the document that had already been registered.

Based on the complaint, the impugned notice was issued to writ petitioners

to appear before the 2nd respondent / District Registrar for enquiry on

31.01.2023 at 11.30 a.m. Instead of proceeding with the process of enquiry,

the writ petitioners have filed this writ petition.

https://www.mhc.tn.gov.in/judis W.P.No.19658 of 2023

3. Writ against an enquiry notice is not entertainable, unless the

notice is drizzled with the ground of jurisdiction or an allegation of

malafides are raised. In the present case, an enquiry is called for based on

the complaint given by the 2nd petitioner under Section 77(A) of the Act.

Thus, the authorities competent is empowered to conduct an enquiry by way

of summary proceedings for the purpose of verifying the correctness of the

registration made under the provisions of the Act.

4. Thus, the petitioner has to participate in the process of enquiry for

the purpose of establishing their rights through documents and evidences

available on record. The 2nd respondent / the District Registrar shall

proceed with the enquiry and dispose of the same as expeditiously as

possible by affording opportunity to the parties.

5. It is needless to state that the enquiry is to be conducted based on

the seniority of the complaint, which is to be maintained as per the orders of

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 in the registration.

https://www.mhc.tn.gov.in/judis W.P.No.19658 of 2023

6. With these observations, the writ petition stands dismissed. No

costs. Consequently, the connected miscellaneous petition is closed.

05.07.2023 skr Index : Yes Speaking order

To

1.The Inspector General of Registration, Santhome High Road, Chennai – 600 028.

2.The District Registrar, Perambalur District, Perambalur.

3.The Sub-Registrar, Sub-Registrar Office, Chettikulam, Alathur Taluk, Perambalur District.

https://www.mhc.tn.gov.in/judis W.P.No.19658 of 2023

S.M.SUBRAMANIAM, J.

skr

W.P.No.19658 of 2023

05.07.2023

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