Madras High Court
Ellamma vs The Inspector General Of ... on 6 July, 2023
W.P.No.19869 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.19869 of 2023
and
W.M.P.No.19214 of 2023
Ellamma ... 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-Pass 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.Manikantan
6.L.Narayana Reddy
Page 1 of 7
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W.P.No.19869 of 2023
7.The Commissioner,
Hosur Municipal Corporation,
Hosur Taluk,
Krishnagiri District.
8.Muni Reddy
9.V.Perumal
10.T.V.Krishnakumar
11.K.Rajasekar
12.Prabhu ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 3rd respondent to enquire and
cancel the fraudulent sale deed dated 07.11.1989 in Doc. No.5776 of 1989
and the subsequent Sale Deed dated 22.01.2007 in Doc. No.1094/2007 and
the gift deed dated 20.09.2021 in Doc. No.15282/2021 and the Sale Deed
dated 17.06.2022 in Doc. No. 11426 / 2022 and the sale deeds dated
25.06.2022 in Doc. No.12140 and 12141/2022 on the file of the 4th
respondent in respect of the property at S.No.418/1D, measuring an extent of
0.60.5 Hectare situated at Mookandapalli Village, Hosur Taluk, Krishnagiri
District and remove the above mentioned entries from the Encumbrance
Certificate by considering the Petitioners representation dated 24.03.2023.
For Petitioner : Ms.Rakhi
For R1 to R4 : Mr.G.Krishna Raja
Additional Government Pleader
Page 2 of 7
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W.P.No.19869 of 2023
ORDER
The relief sought for in the present writ petition is to direct the 3rd
respondent to enquire and cancel the fraudulent sale deed dated 07.11.1989
in Doc. No.5776 of 1989 and the subsequent Sale Deed dated 22.01.2007 in
Doc. No.1094/2007 and the gift deed dated 20.09.2021 in Doc.
No.15282/2021 and the Sale Deed dated 17.06.2022 in Doc. No. 11426 /
2022 and the sale deeds dated 25.06.2022 in Doc. No.12140 and 12141/2022
on the file of the 4th respondent in respect of the property at S.No.418/1D,
measuring an extent of 0.60.5 Hectare situated at Mookandapalli Village,
Hosur Taluk, Krishnagiri District and remove the above mentioned entries
from the Encumbrance Certificate by considering the Petitioners
representation dated 24.03.2023.
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 and the relevant paragraphs of the
judgment are extracted hereunder:
“33. In view of the facts and circumstances,
the following orders are passed:
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W.P.No.19869 of 2023
(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
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
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W.P.No.19869 of 2023
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.
Consequently, connected Miscellaneous Petition is closed.
06.07.2023
Jeni
Index : Yes
Speaking order
Neutral Citation : Yes
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W.P.No.19869 of 2023
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-Pass Road,
Ammapet,
Salem – 636 014.
3.The District Registrar,
Krishnagiri District,
Krishnagiri – 635 001.
4.The Sub-Registrar,
Hosur Taluk,
Krishnagiri District – 636 109.
https://www.mhc.tn.gov.in/judis
W.P.No.19869 of 2023
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.19869 of 2023
06.07.2023
https://www.mhc.tn.gov.in/judis
