Madras High Court
K.Vahap vs The District Registrar ... on 8 September, 2023
W.P.No.26254 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.26254 of 2023
1.K.Vahap
2.K.Ganesan ... Petitioners
Vs.
1.The District Registrar (Administration),
Kancheepuram District Registrar Office,
Udayamangalam Salai, Orikkai,
Kancheepuram.
2.D.Ambujam Ammal @ Ambujam
3.D.Kathiravan
4.D.Thenmozhi
5.M.D.Mullai Selvan
6.D.A.Silambarasan ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, to direct the first respondent to consider and
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W.P.No.26254 of 2023
dispose of the petitioner's representation dated 10.07.2023 pertaining to
cancel the alleged registered settlement deeds vide Document No.30/2023 and
Document No.31/2023 dated 27.12.2022 executed by the second respondent
in favour of the respondents 3 to 6 herein are invalid documents and cancel
the same under section 77A of the Indian Registration Act.
For Petitioners : Mr.G.V.Sridharan
For Respondent 1 : Mr.T.Arun Kumar,
Additional Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the first
respondent to consider and dispose of the petitioners' representation dated
10.07.2023 pertaining to cancel the alleged registered settlement deeds vide
Document No.30/2023 and Document No.31/2023 dated 27.12.2022
executed by the second respondent in favour of the respondents 3 to 6 herein
as invalid documents.
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 vs. The
Sub Registrar, Dadagapatti, Salem District] etc., and batch, and a
judgment was delivered on 15.06.2023. In this regard, the Inspector General
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W.P.No.26254 of 2023
of Registration has issued a Letter No.19464/U1/2023 dated 10.06.2023 in
Circular No.1 of 2023. The relevant paragraphs of the above said judgment
are extracted hereunder:
“33. In view of the facts and circumstances,
the following orders are passed:
(1) 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;
(2) 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;
(3) The respondents are directed to relegate
the parties to approach Civil Court of
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W.P.No.26254 of 2023
Law, in the event of disputed facts
regarding civil rights exist between the
parties.
(4) 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.
(5) 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 petitioners is also similar to
that of the cases (cited supra), the case of the petitioners is also to be
considered on the same line. Accordingly, this writ petition stands disposed
of. No costs.
08.09.2023
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W.P.No.26254 of 2023
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Index : Yes
Speaking order
To
1.The District Registrar (Administration),
Kancheepuram District Registrar Office,
Udayamangalam Salai, Orikkai,
Kancheepuram.
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W.P.No.26254 of 2023
S.M.SUBRAMANIAM, J.
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W.P.No.26254 of 2023
08.09.2023
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