Arumuthu v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.1295 of 2022 and W.M.P.No.1406 of 2022 Arumuthu

...Petitioner

-Vs1. The Inspector General of Registration, No.100, Santhome High Road, Chennai.

2. The Deputy General of Registration, GRD Road, Kamarajar Road, Red Fields, Coimbatore.

3. The District Registrar, District Registrar's Office, Tiruppur District, Tiruppur.

4. The Sub Registrar, Sub Registrar Office, Dharapuram, Dharapuram Taluk.

5. K.Nachimuthu

6. Pachiyammal

7. S.Raja 8.

S.Saravanan

...Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to conduct an enquiry under Section 68(2) of the Registration Act, 1908 as per the Letter No.41530/U1/2017, dated 08.11.2017 and launch the criminal prosecution against the offenders under Section 83 of the Registration Act, 1908 in view of the petitioner's representation dated 01.12.2021.

For Petitioner : Mr.C.Ramaraj For R1 to R4 : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the third respondent to conduct an enquiry under Section 68(2) of the Registration Act, 1908 as per the Letter No.41530/U1/2017, dated 08.11.2017 and launch the criminal prosecution against the offenders under Section 83 of the Registration Act, 1908 in view of the petitioner's representation dated 01.12.2021. 2.

Heard Mr.C.Ramaraj, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1 to 4. 3.

The petitioner lodged complaint before the third respondent on 01.12.2021 for the fraudulent transaction by the respondents 5 to 8 herein in respect of the subject property and it is pending.

4.

Considering the above, the third respondent is directed to issue notice to the petitioner and the respondents 5 to 8 herein and after giving them an opportunity of hearing, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5.

With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mn To

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai.

2. The Deputy General of Registration, GRD Road, Kamarajar Road, Red Fields, Coimbatore.

3. The District Registrar, District Registrar's Office, Tiruppur District, Tiruppur.

4. The Sub Registrar, Sub Registrar Office, Dharapuram, Dharapuram Taluk.

+1 CC to Mr.M.Guruprasad, Advocate sr 6161 +1 CC to The Government Pleader sr 6900.

W.P.No.1295 of 2022 and W.M.P.No.1406 of 2022 RSI(CO) SP(22/02/2022)