Madras High Court
Thowlath Nooriya @ Thowlath Nisha vs The Inspector General Of ... on 12 October, 2023
W.P.(MD) No.3607 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
W.P.(MD)No.3607 of 2021
Thowlath Nooriya @ Thowlath Nisha ...Petitioner
Vs.
1.The Inspector General of Registration,
O/o.The Inspector General of Registration,
No.100, Santhome High Road,
Raja Annamalaipuram,
Chennai-28.
2.The District Registrar,
O/o.The District Registrar Office,
Ramanathapuram District,
Ramanathapuram.
3.The Sub-Registrar,
Velipattinam Sub-Registrar Office,
Ramanathapuram,
Ramanathapuram District.
4.Sathik Batcha
5.Navaskhan ...Respondents
(R5 is impleaded vide Court order dated 12.10.2023 in WMP(MD)No.
10430/2022.)
1/8
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W.P.(MD) No.3607 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a writ or order or direction in the nature
of Writ of Mandamus, to direct the 2nd respondent to conduct enquiry and
take appropriate action as per section 68[2] of the Registration Act, 1908
and consequently to cancel the fraudulent registrations of documents nos.
124/1990 dated 21.09.1990, 1892/1990 dated 21.09.1990 & 1987/1990
dated 10.10.1990 on the file of the 3rd respondent by considering the
petitioner's representations dated 10.12.2020 & 06.02.2021 within the
time limit that may be stipulated by this court.
For Petitioner :Mr.S.Vidhya Sagar
For Respondents :Ms.D.Farjana Ghoushia for R1 to R3
Special Government Pleader
:Ms.P.Sepanasree for R4
:Mr.R.Jegadeeswaran for R5
ORDER
This writ petition has been filed for issuance of writ of mandamus
directing the second respondent to conduct enquiry and to initiate action
for cancellation of the sale deeds registered as Document Nos.124/1990,
1892/1990 and 1987/1990, based on the representations made by the
petitioner on 10.02.2020 and 06.02.2021.
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W.P.(MD) No.3607 of 2021
2. The case of the petitioner is that the lands comprised in S.Nos.
434/1 and 434/2 situated at Vaani Village, Ramanathapuram Taluk
originally belonged to the father of the petitioner. He had two wives.
The petitioner is the daughter of the second wife. The father of the
petitioner died interstate and on his demise, all the legal heirs were
entitled to a share in the subject property. The petitioner got married and
she was living in Chennai.
3. The further case of the petitioner is that during the year 2017,
the mother of the petitioner died and hence, the petitioner came to her
native place. She verified the property document and applied for
encumbrance certificate and at that point of time, it was ascertained that
the subject properties have been dealt with in the year 1990 by executing
power of attorney document in favour of the fourth respondent and on
the strength of this document, sale deeds were executed which were
registered as Document Nos.124/1990, 1892/1990 and 1987/1990. The
petitioner also found that her name was included in the power of attorney
document and her thumb impression has also been forged.
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W.P.(MD) No.3607 of 2021
4. In view of the above development, a police complaint was
given and since the same was not acted upon, an application was filed
before the learned Judicial Magistrate under Section 156(3) Cr.P.C., and
pursuant to the order passed by the learned Judicial Magistrate, an FIR
came to be registered against the 4th respondent and others in Crime No.
11 of 2020. The petitioner also gave representations to the second
respondent to conduct an enquiry and to cancel the fraudulent documents
and to initiate action against the 4th respondent. Since the same was not
acted upon, the present writ petition has been filed before this Court.
5. Heard Mr.S.Vidhya Sagar, learned counsel for the petitioner,
Ms.D.Farjana Ghoushia, learned Special Government Pleader for the
official respondents, Ms.P.Sepanasree, learned counsel for the 4th
respondent and Mr.R.Jegadeeswaran, learned counsel for the 5th
respondent.
6. The learned counsel for the petitioner and the learned counsel
appearing on behalf of the impleaded 5th respondent submitted that the
investigation was completed and a final report was filed before the
learned Judicial Magistrate No.II, Ramanathapuram and the same was
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W.P.(MD) No.3607 of 2021
taken on file in CC No.3 of 2020 and the fourth respondent and others
are facing trial before the concerned Court.
7. The learned Special Government Pleader appearing on behalf
of the official respondents submitted that a similar complaint was given
by the impleaded 5th respondent before the 2nd respondent and the second
respondent enquired the same and through proceedings dated
20.03.2023, refused to act upon the complaint.
8. It is brought to the notice of this Court that the criminal case
is now at the stage of examination of the Investigation Officer and
thereby, the case is now at the fag-end of the trial.
9. The genuineness of the thumb impression, that is found in the
power of attorney document, which was made use of by the 4th
respondent to deal with the property will get revealed in the criminal
proceedings that is pending before the learned Judicial Magistrate No.II,
Ramanathapuram. The judgment in this case will give more clarity on
this issue. If the competent Court ultimately finds that the thumb
impression has been fabricated and forged, it will be more easier for any
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W.P.(MD) No.3607 of 2021
other authority to act upon the same. This is more so due to the fact that
the District Registrar has already dealt with the complaint given by the
5th respondent on the very same ground and the same was rejected.
10. In view of the above, it will be fit and proper for the parties to
await the final judgment in the criminal case and thereafter make a fresh
complaint / representation before the District Registrar and proceed
further in accordance with law. In the meantime, if any direction is given
to the District Registrar and the District Registrar proceeds further with
the enquiry, it will unnecessarily interfere with the criminal proceedings
that is pending before the competent Criminal Court. It will also act
against the interest of the 4th respondent, who is now facing trial before
the concerned Court.
11. In the light of the above discussion, the parties shall await the
final judgment in CC No.3 of 2020 before the learned Judicial Magistrate
No.II, Ramanathapuram. Depending upon the final judgment in this
case, it will be left open to the petitioner to revive the representation /
complaint before the 2nd respondent and proceed further in accordance
with law.
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W.P.(MD) No.3607 of 2021
12. This writ petition is disposed in the above terms. No costs.
12.10.2023
NCC :Yes/No (2/2)
Index :Yes/No
Internet : Yes/ No
SM
To
1.The Inspector General of Registration,
O/o.The Inspector General of Registration,
No.100, Santhome High Road,
Raja Annamalaipuram,
Chennai-28.
2.The District Registrar,
O/o.The District Registrar Office,
Ramanathapuram District,
Ramanathapuram.
3.The Sub-Registrar,
Velipattinam Sub-Registrar Office,
Ramanathapuram,
Ramanathapuram District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.3607 of 2021
N. ANAND VENKATESH, J.
SM
Order made in
W.P(MD)No.3607 of 2021
(2/2)
Dated
12.10.2023
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