Citation : 2023 Latest Caselaw 9115 Mad
Judgement Date : 27 July, 2023
W.P.No.22126 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.22126 of 2023
Mr.T.Udayakumar ... Petitioner
Vs.
1.Inspector of Registration,
Tamil Nadu State Registration Department,
100, Santhome High Road,
Pattinampakkam, Chennai – 600 028.
2.The District Registrar (Administration),
District Registrar Office, Chennai Central,
Chennai – 600 014.
3.The Sub Registrar, Purasaiwalkam,
No.6/13, Adhi Venu Heights, Porteous Road,
Ayanavaram, Chennai - 600 023.
4.S.V.Nadanavelu
5.S.V.Veeraraghavan
6.S.V.Thanigaivelu
7.S.V.Rajkumar
8.Gandhi Sankar ... Respondents
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.22126 of 2023
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the
fake document of sale agreement dated 10.11.2010 registered as Document
No.4328 of 2010 on the file of the Sub-Registrar, Purasaiwalkam, Chennai,
based on the petition in proceedings No.11140/Aa-2/2022 dated
13.03.2023.
For Petitioner : Mr.J.Karunanithi
For R1 to R3 : Mr.C.Jayaprakash,
Government Advocate
ORDER
The writ petition has been filed for directing the respondents 1 to 3 to
cancel the sale agreement dated 10.11.2010 registered as Document
No.4328 of 2010 on the file of the Sub-Registrar, Purasaiwalkam, Chennai,
based on the petition in proceedings No.11140/Aa-2/2022 dated
13.03.2023.
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 & etc., 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.22126 of 2023
“ 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.
https://www.mhc.tn.gov.in/judis W.P.No.22126 of 2023
(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.
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.
27.07.2023 skr Index : Yes Neutral Citation : Yes
https://www.mhc.tn.gov.in/judis W.P.No.22126 of 2023
To
1.Inspector of Registration, Tamil Nadu State Registration Department, 100, Santhome High Road, Pattinampakkam, Chennai – 600 028.
2.The District Registrar (Administration), District Registrar Office, Chennai Central, Chennai – 600 014.
3.The Sub Registrar, Purasaiwalkam, No.6/13, Adhi Venu Heights, Porteous Road, Ayanavaram, Chennai - 600 023.
https://www.mhc.tn.gov.in/judis W.P.No.22126 of 2023
S.M.SUBRAMANIAM, J.
skr
W.P.No.22126 of 2023
27.07.2023
https://www.mhc.tn.gov.in/judis
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