G.Eswaramoorthy vs The Inspector General Of ...
2023 Latest Caselaw 8129 Mad

Citation : 2023 Latest Caselaw 8129 Mad
Judgement Date : 12 July, 2023

Madras High Court

G.Eswaramoorthy vs The Inspector General Of ... on 12 July, 2023

                                                                                  W.P.No.20500 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 12.07.2023

                                                       CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                W.P.No.20500 of 2023

                     G.Eswaramoorthy                                                 ... Petitioner

                                                          Vs.

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

                     2.The District Registrar (Admn),
                       Combined Registration Dept. Office,
                       81, Old Hospital Road,
                       Gobichettipalayam – 638 452,
                       Erode District.

                     3.The Sub Registrar,
                       S.R.O. Office,
                       Sathyamangalam,
                       Erode District.

                     4.Kamala Velusamy                                        ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, directing the 2nd respondent to cancel the
                     fraudulent sale deed dated 17.01.2002 (Doc. No. 88/2002) executed by late
                     S.Muthu Gounder to his daughter/4th respondent in respect of 1.00 acre

                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                           W.P.No.20500 of 2023

                     bearing old S.F.No.103/A, New S.F.No.8/1A, Rangasamudiram Village,
                     Sathyamangalam Taluk, Erode District by considering the petitioner's
                     complaint dated 10.05.2023.

                                        For Petitioner             : Mr.N.Manoharan

                                        For R1 to R3               : Mr.C.Jaya Prakash
                                                                     Government Advocate

                                                             ORDER

The relief sought for in the present writ petition is to direct the 2nd

respondent to cancel the fraudulent sale deed dated 17.01.2002 (Doc. No.

88/2002) executed by late S.Muthu Gounder to his daughter/4th respondent in

respect of 1.00 acre bearing old S.F.No.103/A, New S.F.No.8/1A,

Rangasamudiram Village, Sathyamangalam Taluk, Erode District by

considering the petitioner's complaint dated 10.05.2023.

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:

https://www.mhc.tn.gov.in/judis W.P.No.20500 of 2023

“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 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

https://www.mhc.tn.gov.in/judis W.P.No.20500 of 2023

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. Accordingly, this Writ Petition stands disposed of. No costs.

12.07.2023

Jeni Index : Yes Speaking order Neutral Citation : Yes

https://www.mhc.tn.gov.in/judis W.P.No.20500 of 2023

1.The Inspector General of Registration, 100, Santhome High Road, Mandavelipakkam, Chennai – 600 028.

2.The District Registrar (Admn), Combined Registration Dept. Office, 81, Old Hospital Road, Gobichettipalayam – 638 452, Erode District.

3.The Sub Registrar, S.R.O. Office, Sathyamangalam, Erode District.

https://www.mhc.tn.gov.in/judis W.P.No.20500 of 2023