Madras High Court
Mrs.Kameshwari vs The Inspector General Of Registration on 1 February, 2024
Author: Anita Sumanth
Bench: Anita Sumanth
2024:MHC:6044
W.P.No.31455 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2024
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.31455 of 2023
and
W.M.P.No.31071 of 2023
1.Mrs.Kameshwari
2.Mr.Neelambar Reddy
3.Mrs.Kalyani .. Petitioners
vs
1.The Inspector General of Registration,
Santhome High Road, Mylapore,
Chennai – 04.
2.The District Registrar,
South Chennai Joint – I,
Saidapet, Chennai – 15.
3.The Sub Registrar,
Alandur SRO,
St.Thomas Mount,
Chennai – 16.
4.Sri Vembuli Amman Temple Trust
Door No.1, Lawyer Jaganathan Street,
Alandur, Chennai – 16. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of mandamus directing the respondents
herein, to consider the representation of the petitioner dated
20.09.2023 in so far as in the said representation, the petitioner
had sought for to cancel the illegal Registration of the trust,
granted in the name of Sri Vembuli Amman Temple Trust / 4 th
https://www.mhc.tn.gov.in/judis
1/4
W.P.No.31455 of 2023
respondent herein, registered as Doc.No.716/2005 dated
07.07.2005, on the file of SRO, Alandur Chennai and to initiate
necessary action against such culprits, who have forged and
manipulated the records, for the purpose of formation of the above
said illegal trust.
For Petitioner : Mr.S.Baskaran
For Respondents : Mr.Vadivelu Deenadayalan
Additional Government Pleader
for R1 to R3
Mr.D.Parthasarathy for R4
ORDER
The prayer of the petitioner is for a direction to the official
respondents, being the Inspector General of Registration / R1,
District Registrar, South Chennai Joint-I / R2 and the Sub-
Registrar, Alandur /R3 to cancel the registration of Vembuli
Amman Temple Trust, arrayed as R4.
2. Mr.Vadivelu Deenadayalan, learned Additional
Government Pleader, appears on behalf of the official respondents
and has written instructions to state that the representation of the
petitioner dated 20.09.2023 for cancellation of the registration of
the trust cannot be considered, as at present for the following
reason:-
“The Inspector General of Registration
in his order No.36330/U1/2023 dated
29.09.2023 has directed the District
Registrars not to conduct any enquiry under
Section 77-A of The Registration Act which
empowers the District Registrars to cancel
https://www.mhc.tn.gov.in/judis
certain classes of documents in pursuant to
the Judgments of this Hon'ble Court passed
in W.P.(MD) No. 14546 of 2022 and batch
cases dated 27.03.2023 and
W.P.No.18814/2023 dated 27.06.2023.
Enquiry under Section 77-A of the
Registration Act, 1908 could be made only
after the decision of the larger Bench.”
3. All learned counsel before me will accede to the
position that in light of the aforesaid circumstances, nothing useful
would be served in keeping this writ petition pending.
4. Hence, this writ petition is closed in view of the
prevailing position. No costs. Connected miscellaneous petition is
closed. The petitioner is at liberty to revive the writ petition if
thought necessary after decision of the larger Bench.
01.02.2024
Index:Yes/No
Neutral Citation:Yes
ssm
To
1.The Inspector General of Registration,
Santhome High Road, Mylapore,
Chennai – 04.
2.The District Registrar,
South Chennai Joint – I,
Saidapet, Chennai – 15.
3.The Sub Registrar,
Alandur SRO,
St.Thomas Mount,
https://www.mhc.tn.gov.in/judis
Chennai – 16.
DR. ANITA SUMANTH,J.
ssm
01.02.2024
https://www.mhc.tn.gov.in/judis
