Madras High Court
Sree Lakshmi Nagar Welfare Association vs Tmt.Lakshmi Laser Maria on 21 November, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A. No.2640 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE P.DHANABAL
W.A. No.2640 of 2025
and C.M.P. No.21214 of 2025
Sree Lakshmi Nagar Welfare Association
rep. By its Secretary Mr.A.Firdouse,
nd
No.3, 2 Street, Indira Gandhi Nagar,
Adambakkam, Chennai – 600 088. ... Appellant
Vs.
1.Tmt.Lakshmi Laser Maria
2.The Inspector General of Registration (I.G.R.),
Santhome High Road, Mylapore,
Chennai.
3.The District Registrar,
Chengalpattu, Chengalpattu District. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 21.01.2025 in W.P. No.1207 of 2025.
Page 1 of 7
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W.A. No.2640 of 2025
For Appellant : Mr.K.S.Viswanathan,
Senior Counsel
for Mr.S.Anand Raj
and Mr.J.Rajmohan
For Respondents : Mr.V.Manisekaran for R1
Mr.T.Arun Kumar,
Additional Government Pleader
for R2 and R3
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Under assail is writ order dated 21.01.2025 passed in W.P.No.1207
of 2025. Appellant before this Court viz., Sree Lakshmi Nagar Welfare
Association is not a party in the writ proceedings and by securing leave
from this Court, present intra-court appeal came to be instituted.
2. First respondent/writ petitioner filed a writ of mandamus to direct
the District Registrar, Chengalpet to cancel the illegal documents in
pursuance of the proceedings of Inspector of Police, Land Grabbing
Special Cell, Kancheepuram dated 19.05.2012. The said letter issued by
Sub Inspector of Police, Anti Land Grabbing Cell, Kancheepuram, dated
19.05.2012 would show that Sub Inspector of Police conducted an
enquiry and power Agent one Venkatathri did not appear before Sub
Inspector of Police for enquiry. Thus, a letter was addressed to District
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Registrar, Kancheepuram, to take action on the complaint given by first
respondent/writ petitioner. Said letter per se would not provide cause for
institution of writ proceedings. The Sub Inspector of Police, on receipt of
complaint, if found any offence warranting registration of a regular
criminal case, is bound to initiate appropriate action. But in the present
case, he has sent a complaint to the District Registrar for appropriate
action. Thus, the letter cannot give cause for seeking relief against the
District Registrar to cancel the document. A registered document cannot
be cancelled without following due process of law.
3. Mr.K.S.Viswanathan, learned senior counsel appearing on behalf
of the appellant would submit that first respondent earlier filed
W.P.No.22226 of 2023 seeking a direction to District Registrar, Chennai
and District Registrar, Chengalpet, to conduct an enquiry in respect of
alleged bogus power of attorney. Writ Court considered the issue and
granted liberty to the first respondent to approach the competent civil
Court of law for the purpose of securing appropriate relief.
4. By suppressing the said order passed by writ Court on
27.07.2023, another writ petition came to be filed in W.P. No.1207 of
2025 and writ Court passed an order stating that authorities after
investigation, found that documents (Document Nos.372/1984, 39/1985
and 70/1985) to be a product of fraud and impersonation. Accordingly,
writ petition was disposed of with a direction to the District Registrar to
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make entries/remarks in encumbrance certificate against the other
documents stating that these documents have been created by fraud and
impersonation and shall not entertain any further document from the
persons named in the above documents. Such a direction has been issued
by writ Court in the impugned order without any finding to the effect that
those documents are fraudulent or otherwise. In the absence of any
finding to the effect that the documents produced are proved to be fraud
or impersonated, direction issued to cancel the documents would cause
prejudice to the other parties and it may result in miscarriage of justice.
To declare a document as fraudulent or registration has been done by way
of impersonation, enquiry contemplated under the statutes are to be
followed. Opportunities should be provided to all the parties to establish
their respective cases and thereafter direction may be issued.
5. In the present case, no reason has been assigned for issuing
such a direction to the District Registrar and that apart, first
respondent/writ petitioner had suppressed the earlier order passed by
writ Court in W.P.No.22226 of 2023. Pursuant to the said order, first
respondent/writ petitioner has instituted a civil suit in O.S. No.90 of 2024
on the file of District Munsif, Chengalpet. Thus, first respondent/writ
petitioner ought to have secured appropriate relief from the civil Court in
order to protect his rights. Second writ petition for the similar relief is not
maintainable. That apart, regarding the offence of creation of fraudulent
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documents or otherwise, first respondent/writ petitioner is at liberty to
prosecute the offenders under criminal law in the manner contemplated.
Instead of doing so, first respondent/writ petitioner is attempting to
secure an order from the writ Court one way or other, which is
impermissible.
6. In view of the facts and circumstances, impugned writ order
dated 21.01.2025 passed in W.P.No.1207 of 2025 is set aside and the writ
appeal is allowed. However, the first respondent/writ petitioner is at
liberty to work out her remedy in the manner known to law.
Consequently, connected miscellaneous petition is closed. There shall be
no order as to costs.
[S.M.S., J.] [P.D.B., J.]
21.11.2025
Index:Yes/No
Neutral Citation:Yes/No
mmi
To
1.The Inspector General of Registration (I.G.R.),
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Santhome High Road, Mylapore,
Chennai.
2.The District Registrar,
Chengalpattu, Chengalpattu District.
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S.M.SUBRAMANIAM, J.
AND
P.DHANABAL, J.
mmi
21.11.2025
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