Citation : 2026 Latest Caselaw 106 Mad
Judgement Date : 8 January, 2026
W.P.No.49422 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2026
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.49422 of 2025
M.Velu .. Petitioner
vs
1.The Inspector General of Registration,
Registration Department,
No.100, Santhome High Road,
Chennai – 600 028.
2.The District Registrar,
Registration Department,
Integrated Building Complex,
Kumaragiri Bye-pass Road,
Ammapettai, Salem – 636 014.
3.The Sub Registrar,
Dadagapatti Sub Registrar’s Office,
Dadagapatti, Seelanaickenpatti,
Salem – 636 201.
4.M.Saravanan .. Respondents
Petition filed under Article 226 of The Constitution of India
praying for the issuance of a writ of mandamus directing the
respondents 1 to 3 herein to conduct enquiry under Section 83 of
the Registration Act, 1908 and take suitable legal action against the
culprits based on the petitioner’s representation dated 08.11.2025
within a time frame to be fixed by this Court.
1/5
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W.P.No.49422 of 2025
For Petitioner : Mr.C.Munusamy
For Respondents : Mr.U.Baranidharan,
Special Government Pleader
for R1 to R3
ORDER
The petitioner asserts that he purchased a property at
Erumapalayam Village, Salem Taluk under Document No.6271 of
2021. According to the petitioner, the fourth respondent executed a
sale deed fraudulently in respect of such property in favour of one
Ms.Uma Maheswari under Document No.4937 of 2022. On the basis
of the said document, it is stated that further conveyances were
executed. After submitting a petition under Section 83 of the
Registration Act, 1908 on 08.11.2025 seeking further action in
terms of Section 83, the present writ petition has been filed.
2. By inviting my attention to Section 83 of the Registration
Act, learned counsel for the petitioner submits that the registering
officer is empowered to initiate the prosecution in terms thereof.
Therefore, he contends that this is an appropriate case for the
exercise of jurisdiction under Section 83 of the Registration Act.
3. Mr.U.Baranidharan, learned Special Government Pleader,
accepts notice for respondents 1 to 3. By relying on the judgment of
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the Hon'ble Supreme Court in Sathya Pal Anand vs. State of
Madhya Pradesh and Others (2016 INSC 988), he contends that the
registering officer may exercise powers if an offence under the
statute is discovered prior to registration and not thereafter.
4. The powers of a registering officer are detailed in the
Registration Act. These powers encompass verifying the identity of
the executants and claimants, including their representatives or
assigns, if appropriate. In other words, their authority revolves
around aspects such as impersonation or forgery. On examining the
petition presented by the writ petitioner under Section 83, there is
not even prima facie indication that impersonation or forgery in
course of registration of the instrument concerned is alleged. In
those circumstances, the petitioner is not entitled to the relief
claimed. Therefore, this writ petition is disposed of by, however,
leaving it open to the petitioner to lodge a complaint before the
jurisdictional police or initiate proceedings before the jurisdictional
Civil Court. There shall be no order as to costs.
08.01.2026
Index:Yes/No Neutral Citation:Yes/No mmi
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To
1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai – 600 028.
2.The District Registrar, Registration Department, Integrated Building Complex, Kumaragiri Bye-pass Road, Ammapettai, Salem – 636 014.
3.The Sub Registrar, Dadagapatti Sub Registrar’s Office, Dadagapatti, Seelanaickenpatti, Salem – 636 201.
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SENTHILKUMAR RAMAMOORTHY,J.
mmi
08.01.2026
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