S.Prasanthini v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.1666 of 2023 S.Prasanthini Petitioner Vs

1. The Inspector General of Registration, Chennai-28

2. The Additional Inspector General of Registration (Investigation) Chennai-28

3. The District Registrar, Kancheepuram Registration District Orikkai, Kancheepuram

4. The Sub Registrar, Tiruvallur

5. V.Balamurugan Respondents Prayer:- This Writ Petition has been filed, under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the Respondents to cancel the marriage registration certificate bearing Marriage SI.No.TMR/ Thiruvallur/564/2021 dated 28.09.2021 upon consideration of the representation of the Petitioner dated 24.11.2022, within a time frame. For Petitioner :

Mr. A.Kumar For Respondents :

Mr.L.S.M.Hasanfizal, AGP-RR1 to 4 Mr.N.Srinivasan-R5 1/4

ORDER

1. This Writ Petition is filed to issue a Writ of Mandamus to direct the Respondents to cancel the marriage registration certificate bearing Marriage SI.No.TMR/Thiruvallur/564/2021 dated 28.09.2021 upon consideration of the representation of the Petitioner dated 24.11.2022, within a time frame.

2. This Court heard the learned counsel on either side, considered their submissions and also perused the materials placed on record.

3. It is the case of the Petitioner that she was forcibly taken to the Office of the 4th Respondent by the 5th Respondent and that based on the false representation, the marriage had been registered and that a person unknown to her was brought along to impersonate her father and also forged his signature and that her signature was procured through coercion. In this regard, the Petitioner has also given a representation dated 24.11.2022 to the 3rd Respondent to cancel the marriage certificate, which was registered under coercion and by impersonation and that since the said representation is not considered so far, this Writ Petition has been filed, to cancel the marriage certificate. However, the Petitioner now seeks for a direction to the 3rd Respondent to dispose of her representation, within a time frame.

4. Considering the limited relief now sought for by the learned counsel for the Petitioner, the 3rd Respondent is directed to consider and pass orders on the 2/4

representation of the Petitioner dated 24.11.2022, after giving opportunity to the Petitioner and the 5th Respondent, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. If it is found that the marriage certificate was registered by coercion and impersonation, the entry shall be deleted.

5. With the above directions, this Writ Petition is disposed of. No costs. Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm

1. The Inspector General of Registration, Chennai-28

2. The Additional Inspector General of Registration (Investigation) Chennai-28

3. The District Registrar, Kancheepuram Registration District Orikkai, Kancheepuram 3/4

N.SATHISH KUMAR, J.

Srcm WP.No.1666 of 2023 4/4