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Madras High CourtWP/14379/2004dismissed

D.K.Sekar. v. The Commissioner Of Police,

2021-08-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P. No. 14379 of 2004 and W.P.M.P.Nos. 17222 & 17006 of 2004 D.K.Sekar .... Petitioner Vs

1. The Commissioner of Police, Egmore, Madras - 8.

2. The Deputy Inspector General of Registration, Madras - 1.

.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to enquire and proceed in the manner known to law on the complaint dated 28.03.2004 given by the petitioner, with respect to fraud and cheating committed in the matter of registering 10 sale documents, without paying any consideration before the registering officer and for making use of such fraudulent documents for further cheating purposes. For Petitioner : No appearance For Respondents : Mr.Richardson Wilson Government Advocate

O R D E R

This Writ Petition has been filed to issue a writ of mandamus, directing the respondents to enquire and proceed in the manner known to law on the complaint dated 28.03.2004 given by the petitioner, with respect to fraud and cheating committed in the matter of registering 10 sale documents, without paying any consideration before the registering officer and for making use of such fraudulent documents for further cheating purposes.

2. The Hon'ble Supreme Court of India and this Court repeatedly held that it is not a duty of the registering https://hcservices.ecourts.gov.in/hcservices/

authority to verify whether consideration was passed or not or any fraud was committed by the purchaser, while registering the document. In fact, the registering authority need not verify the title of the property. In these circumstances, the complaint lodged by the petitioner dated 23.04.2001 to take appropriate action against the registering authority to enquire with respect to fraud and cheating committed in the matter of registering 10 sale documents cannot be gone into. Therefore, the Writ Petition is devoid of merits and it is liable to be dismissed.

3. Accordingly, the Writ Petition stands dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Lpp To

1. The Commissioner of Police, Egmore, Madras - 8.

2. The Deputy Inspector General of Registration, Madras - 1.

+1cc to the Government Pleader, S.R.No.38091 W.P. No. 14379 of 2004 and W.P.M.P.Nos. 17222 & 17006 of 2004 PA(CO) CT/25/08/2021 https://hcservices.ecourts.gov.in/hcservices/