Madras High Court
Chinnaswamy vs The District Registrar on 20 June, 2023
W.P.No.18069 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.18069 of 2023
and
W.M.P.No.17249 & 17251 of 2023
1. Chinnaswamy
2. Somusundaram ...
Petitioners
Vs.
1. The District Registrar,
(Aig Cadre), Coimbatore.
2. The Sub Registrar,
(District Registrar Cadre),
Gandhipuram. ... Respondents
Prayer :- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of mandamus, directing the 1st respondent to
consider the representation made by the petitioner on 06.06.2023 and
consequentially direct the 1st respondent to conduct an enquiry under
Section 77A of the Registration Act, 1908, in pursuant to the representation
dated 06.06.2023 given by the petitioner regrading the fraudulent
registration of the WILLs registered as one Doc No.8610/2023.
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W.P.No.18069 of 2023
For Petitioners : Mr.Mohamed Sajid
For Respondents :
(for R1 to R2) : Mr.G.Krishna Raja, A.G.P.
ORDER
The relief sought for in the writ petition is to direct the 1st
respondent to consider the representation made by the petitioner on
06.06.2023 and consequentially direct the 1st respondent to conduct an
enquiry under Section 77A of the Registration Act, 1908, in pursuant to the
representation dated 06.06.2023 given by the petitioner regrading the
fraudulent registration of the WILLs registered as one Doc No.8610/2023.
2.The issues raised in the present writ petition were adjudicated by
this Court in a batch of writ petitions in W.P.Nos.4192 of 2018 & etc.,
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:
(i) In respect of the complaints pending before the
District Registrars concerned and the appeals pending
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W.P.No.18069 of 2023
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 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.”
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W.P.No.18069 of 2023
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. Consequences, connected miscellaneous petitions are closed.
(sha) 20.06.2023
Index : Yes
Speaking Order
Neutral Citation : Yes
To
1. The District Registrar,
(Aig Cadre), Coimbatore.
2. The Sub Registrar,
(District Registrar Cadre),
Gandhipuram.
https://www.mhc.tn.gov.in/judis
W.P.No.18069 of 2023
S.M.SUBRAMANIAM. J.,
(sha)
W.P.No.18069 of 2023
20.06.2023
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