Madras High Court
Santhalakshmi vs The Inspector General Of Registration on 17 October, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.14511 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.14511 of 2023
Santhalakshmi ... Petitioner
Vs.
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600 028.
2.The District Registrar (Administration),
Madurai South District Registrar Office,
171, Palace Road, Madurai South,
Madurai-625 001.
3.The Joint Sub Registrar No.IV,
Office of the Sub Registrar,
Bypass Road, Palanganatham,
Madurai-625 003. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the 2nd respondent's proceedings in Na.Ka.No.9729/A2/2022,
dated 06.01.2023 and quash the same and further, to direct the 2nd respondent to
conduct a detailed enquiry and to pass orders on the petitioner's representation
dated 14.11.2022 to cancel the false and fraudulent documents as mentioned in
the representation.
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W.P(MD)No.14511 of 2023
For Petitioner : Mr.PT.S.Narendravasan
For Respondents : Mr.P.Subbaraj,
Special Government Pleader
ORDER
Challenge has been made to the order of the 2nd respondent dated
06.01.2023.
2.It is the case of the petitioner that she has purchased the property in
Survey Nos.23/2, 23/6 and 23/9A to an extent of 54 cents, 38 cents and 22 cents
respectively situated at Kovil Pappakudi Village, Madurai North Taluk,
Madurai District through registered sale deed dated 29.05.2006. Thereafter, on
06.06.2006, she purchased the land in Survey No.23/7B to an extent of 34
cents, where she constructed a house. From the date of purchase, she is in
possession and enjoyment of the properties in question. While being so, one
Muthuramalingam and others interfered with the possession of the petitioner,
she filed a suit in O.S.No.445 of 2011, seeking declaration of title and
permanent injunction, which was decreed in favour of the petitioner on
20.03.2017 and the said decree and judgment has also been registered in the
office of the 3rd respondent. However, the said Muthuramalingam and his
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associates created false documents in respect of the properties in question.
Therefore, the petitioner made an application on 14.11.2022 before the 2 nd
respondent, seeking cancellation of the false documents.
3.It is the further case of the petitioner that on receipt of such
representation, the 2nd respondent, vide proceedings dated 06.01.2023, replied
that as the matter against the said Muthuramalingam Vagayara is pending for
adjudication before the learned Judicial Magistrate No.I, Madurai, cancellation
of the document will only be considered after the outcome of the judgment of
the Court. Since the pending criminal proceedings is not a bar to dispose of the
representation of the petitioner, the 2nd respondent has not considered the
representation of the petitioner. Therefore, the petitioner has filed a Writ
Petition in W.P.(MD)No.13677 of 2023, which was dismissed by this Court,
vide order dated 12.06.2023, giving liberty to the petitioner to challenge the
proceedings of the 2nd respondent dated 06.01.2023. Therefore, the petitioner
has filed this Writ Petition.
4.Heard the learned counsel on either side and perused the materials
available on record.
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5.It is relevant to note that all the fraudulent documents are the
subject matter of the suit filed by the petitioner, which was decreed in favour of
the petitioner. Therefore, the grievance of the petitioner that the documents
have to be cancelled by the registering authority, has no relevance at all.
Further, the registering authority has no power to cancel the document already
registered. When the civil Court has already decided the rights of the petitioner
and the said decree and judgment has already been registered by the registering
authority, the same will take care of the rights of the petitioner. Therefore, no
further order is required in this Writ Petition. Accordingly, this Writ Petition is
dismissed. No costs.
17.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600 028.
2.The District Registrar (Administration),
Madurai South District Registrar Office,
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171, Palace Road, Madurai South,
Madurai-625 001.
3.The Joint Sub Registrar No.IV,
Office of the Sub Registrar,
Bypass Road, Palanganatham,
Madurai-625 003.
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N.SATHISH KUMAR, J.
Yuva
17.10.2024
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