Citation : 2023 Latest Caselaw 7202 Mad
Judgement Date : 28 June, 2023
W.P.No.19044 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2023
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM
W.P.No.19044 of 2023
E.Jayaraman ...Petitioner
Vs
1.The Inspector General Registration,
Office of the Inspector General Registration,
No.100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai – 28.
2.The District Registrar,
Office of the District Registrar,
184/12 G, S.P. Nagar,
State Highway, Pungathur,
Tiruvallur – 602 001.
3.The Sub Registrar,
Office of the Sub Registrar,
184/12 G, S.P. Nagar,
State Highway, Pungathur,
Tiruvallur – 602 001.
4.P.Leela Devi
5.Rathi Devi Narayanan ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.19044 of 2023
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider
petitioner representation dated 24.08.2022 that to conduct the enquiry in
pursuance of the fraudulent documents No.1053 of 2005 and 5167 of 2006
registered in the office of Sub-Registrar, Tiruvallur and cancel the
registration of the said documents and cause to enter such cancellation in the
relevant Books and indexes of the respondents.
For Petitioner : Mr.S.Nageshwaran
For Respondents : Mr.D.Ravichander
Special Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the
respondents 1 and 2 to consider the petitioner's representation dated
24.08.2022 that to conduct the enquiry in pursuance of the fraudulent
documents No.1053 of 2005 and 5167 of 2006 registered in the office of
Sub-Registrar, Tiruvallur and cancel the registration of the said documents
and cause to enter such cancellation in the relevant Books and indexes of the
respondents.
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
https://www.mhc.tn.gov.in/judis W.P.No.19044 of 2023
and another Vs. The Sub Registrar, Dadagapatti Sub Registrar Office,
Dadagapatti, Salem District] etc., and batch, and a judgment was delivered
on 15.06.2023 and the relevant paragraphsz 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;
https://www.mhc.tn.gov.in/judis W.P.No.19044 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. Accordingly, this Writ Petition stands disposed
of. No costs.
28.06.2023 Index : Yes/ No
Speaking order : Yes /No
Sgl
https://www.mhc.tn.gov.in/judis W.P.No.19044 of 2023
To
1.The Inspector General Registration, Office of the Inspector General Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai – 28.
2.The District Registrar, Office of the District Registrar, 184/12 G, S.P. Nagar, State Highway, Pungathur, Tiruvallur – 602 001.
3.The Sub Registrar, Office of the Sub Registrar, 184/12 G, S.P. Nagar, State Highway, Pungathur, Tiruvallur – 602 001.
https://www.mhc.tn.gov.in/judis W.P.No.19044 of 2023
S.M.SUBRAMANIAM, J.
Sgl
W.P.No.19044 of 2023
28.06.2023
https://www.mhc.tn.gov.in/judis
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