Madras High Court
K.A.Abdul Rasheed vs The Inspector General Of ... on 15 September, 2023
W.P.No.27079 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.27079 of 2023
1.K.A.Abdul Rasheed
2.K.A.A.Zuvalriya Beevi
3.K.A.Sumaiya Bivi
4.K.A.A.Athiya Bivi ...Petitioners
Vs.
1.The Inspector General of Registration,
Registration Department,
Santhome High Road,
Chennai-600028.
2.The District Registrar,
Tiruvarur Registration District,
Tiruvarur-610001
3.The Sub Registrar,
Koothanallur Sub Registrar Office,
Koothanallur-614101
4.K.R.K.Mohammed Kamaludeen
5.C.Arockiaraj
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W.P.No.27079 of 2023
6.All Commercial Association
Varthaga Sangam,
Lakshmangudi,
Koothanallur-614101.
7.V.K.Mohamed Ibrahim
8.V.K.Sadiq Batcha
9.Sivaji
10.L.B.Mahammed Ebrahim
11.Kishore Kumar
12.D.Babu
13.The Commissioner,
Koothanallur Municipality,
Koothanallur-614101 ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 3rd respondent to consider and
pass orders on the petitioner's representation dated 24.11.2022 with regard to
cancel the fraudulent documents in respect of the property measuring about
47 cents comprised in (1) Survey No.168/5, 174/7C2 of Marakadi Village,
Koothanallur Taluk, Triuvarur District viz.
(1) Sale deed dated 22.11.2010 executed by 4 th respondent in favour of
5th respondent registered as Document No.1478 of 2010 in the SRO,
Koothanallur;
(2) Sale deed dated 20.12.2010 executed by 4 th respondent in favour of
6th respondent registered as Document No.1611 of 2010 in the SRO,
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W.P.No.27079 of 2023
Koothanallur;
(3) Sale deed dated 08.09.2010 executed by 7th and 8th respondents in
favour of 9th respondent registered as Document No.1210 of 2010 in the SRO,
Koothanallur;
and its subsequent documents viz.
(4) Rectification deed dated 24.11.2011 executed by 4th respondent in
favour of 6th respondent registered as Document No.1420 of 2011 in the SRO,
Koothanallur;
(5) Exchange deed dated 07.06.2019 entered between 6th & 12th
respondents registered as Document No.774 of 2019 in the SRO,
Koothanallur;
(6) Gift Deed dated 10.08.2021 executed by 5th respondent in favour of
13th respondent, registered as Document No.1063 of 2021 in the SRO,
Koothanallur;
(7) Sale deed dated 10.08.2012 executed by 9 th respondent in favour of
10th respondent registered as Document No.1003 of 2012 in the SRO,
Koothanallur;
(8) Sale Deed dated 08.11.2019 executed by 10th respondent in favour
of 11th respondent registered as Document No.1717 of 2019 in the SRO,
Koothanallur.
For Petitioners : Mr.D.Pariventhan
For R1 to R3 : Mr.T.Arunkumar,
Additional Government Pleader
For R13 : Mr.G.Krishnaraja,
Additional Government Pleader
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W.P.No.27079 of 2023
ORDER
The relief sought for in the present writ petition is to direct the 3rd
respondent to consider the petitioner's representation dated 24.11.2022 with
regard to cancellation of fraudulent documents in respect of the subject
property.
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:
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
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W.P.No.27079 of 2023
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,
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
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W.P.No.27079 of 2023
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.
4. Accordingly, this Writ Petition stands disposed of. No costs.
15.09.2023
Index:Yes
Neutral Citation:Yes/No
Speaking order
hvk/dpa
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W.P.No.27079 of 2023
To
1.The Inspector General of Registration,
Registration Department,
Santhome High Road,
Chennai-600028.
2.The District Registrar,
Tiruvarur Registration District,
Tiruvarur-610001.
3.The Sub Registrar,
Koothanallur Sub Registrar Office,
Koothanallur-614101.
4.The Commissioner,
Koothanallur Municipality,
Koothanallur-614101.
https://www.mhc.tn.gov.in/judis
W.P.No.27079 of 2023
S.M.SUBRAMANIAM, J.
hvk/dpa
W.P.No.27079 of 2023
15.09.2023
https://www.mhc.tn.gov.in/judis
