Madras High Court
P.Rajendiran vs The District Registrar on 18 July, 2023
W.P.No.11487 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.11487 of 2023
P.Rajendiran ... Petitioner
Vs.
1.The District Registrar,
District Registrar Office,
Krishnagiri.
2.The Sub Registrar,
Hosur - 635 109,
Krishnagiri District.
3.Naghojirao
4.B.Krishnareddy
5.K.Varadharaj
6.V.Mallika ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the first respondent to initiate the
proceedings under section 77A of Registration Act, 1908 in respect of the
fraudulent documents namely power of attorney dated 05.03.2010 registered
as Doc.Nos.408/2010, sale deed dated 12.06.2010 registered as
Doc.No.10310/2010 and sale deed dated 02.03.2011 registered as
Doc.No.2960/2011 on the file of the second respondent, based on the
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W.P.No.11487 of 2023
petitioner's representation dated 17.03.2023 within a stipulated period of
time.
For Petitioner : Mr.M.Mohamed Riyaz
For Respondents 1 & 2 : Mr.C.Jayaprakash,
Government Advocate
For Respondent 5 : No appearance
For Respondent 3, 4 & 6 : Not Ready in notice
ORDER
The relief sought for in the present writ petition is to direct the first
respondent to initiate the proceedings under section 77A of Registration Act,
1908 in respect of the fraudulent documents namely power of attorney dated
05.03.2010 registered as Doc.Nos.408/2010, sale deed dated 12.06.2010
registered as Doc.No.10310/2010 and sale deed dated 02.03.2011 registered
as Doc.No.2960/2011 on the file of the second respondent, based on the
petitioner's representation dated 17.03.2023 within a stipulated period of
time.
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 &
another Vs. The Sub Registrar, Salem District] etc., and batch, and a
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W.P.No.11487 of 2023
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;
(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
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W.P.No.11487 of 2023
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.”
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.
18.07.2023
nl
Index : Yes/No
Speaking order
Neutral Citation : Yes
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W.P.No.11487 of 2023
To
1.The District Registrar,
District Registrar Office,
Krishnagiri.
2.The Sub Registrar,
Hosur - 635 109,
Krishnagiri District.
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W.P.No.11487 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.11487 of 2023
18.07.2023
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