N.Senthilkumar vs The District Registrar
2023 Latest Caselaw 12312 Mad

Citation : 2023 Latest Caselaw 12312 Mad
Judgement Date : 12 September, 2023

Madras High Court

N.Senthilkumar vs The District Registrar on 12 September, 2023

                                                                                  W.P.No.26610 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 12.09.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                 W.P.No.26610 of 2023

                     N.Senthilkumar                                           ...Petitioner

                                                          Vs.

                     1.The District Registrar,
                       Office of District Registrar,
                       Tiruvallur District.

                     2.The Sub-Registrar,
                       Tiruvallur SRO Office,
                       Tiruvallur District.

                     3.H.Sangeetha                                            ...Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, directing the 1st respondent to complete
                     enquiry on the petitioner's application dated 13.06.2022 and expeditiously
                     pass orders thereon for cancellation of the impersonated and forged
                     settlement deed dated 30.05.2022 registered as Document No.8242 of 2022 at
                     the office of 2nd respondent in exercise of power conferred under Section
                     77A of the Registration (TN Second Amendment) Act, 2021, within a time
                     frame.



                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                        W.P.No.26610 of 2023

                                        For Petitioner           : Mr.R.Veeramani

                                        For R1 and R2            : Mr.G.Krishna Raja,
                                                                   Additional Government Pleader


                                                             ORDER

The relief sought for in the present writ petition is to direct the 1st

respondent to complete enquiry on the petitioner's application dated

13.06.2022 and pass orders thereon for cancellation of the impersonated and

forged Settlement Deed dated 30.05.2022 registered as Document No.8242 of

2022 at the office of the 2nd respondent in exercise of power conferred under

Section 77A of the Registration (TN Second Amendment) Act, 2021.

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

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:

https://www.mhc.tn.gov.in/judis W.P.No.26610 of 2023

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 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,

https://www.mhc.tn.gov.in/judis W.P.No.26610 of 2023

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 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 by the 2nd respondent herein.

4. Accordingly, this Writ Petition stands disposed of. No costs.

12.09.2023 Index:Yes Neutral Citation:Yes/No Speaking order hvk

https://www.mhc.tn.gov.in/judis W.P.No.26610 of 2023

1.The District Registrar, Office of District Registrar, Tiruvallur District.

2.The Sub-Registrar, Tiruvallur SRO Office, Tiruvallur District.

https://www.mhc.tn.gov.in/judis W.P.No.26610 of 2023