P.Bharani v. The Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.2845 of 2021 P.Bharani ... Petitioner Vs.
1. The Inspector General of Registration 100, Santhome High Road Registration Department Santhome, Mylapore Chennai - 600 004.
2. The Deputy Inspector General of Registration Registration Office, Multicomplex Mannarpuram Tiruchirapalli.
3. The District Registrar District Registration Office Ariyalur Ariyalur District.
4. The Sub Registrar Office of the Sub Registrar Perambalur Perambalur District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents not to register any document in respect of property comprised in S.No.8/18 of Thirumangalam Village, Perambalur SRO, Perambalur District by considering the petitioner's representation dated 09.01.2021. For Petitioner : Mr.N.Palanivel For Respondents : Mr.T.M.Pappiah Special Government Pleader [R1, R2]
ORDER
The case of the petitioner is that a certain extent of property in S.No.8/18 of Thuraimangalam Village, Perambalur Taluk was purchased by his father one Pichaalu in 1979, in which, a portion of property was sold out and only 0.15 cents was in his occupation. His allegation is that some third parties, who are real estate agents have executed a forged sale deed in the subject property on 18.01.2008 Vide document No.296/2008, with the help of the 4th respondent. Subsequently, on 03.03.2008, yet another sale deed was fraudulently executed as concerning the said property Vide Document No.1649/2008, and that both these sale deeds came to be cancelled on 05.03.2008 Vide Document Nos.1760/2008.& 1759/2008 respectively.
Meanwhile, the petitioner's father had passed away on 31.07.2020, leaving behind his mother, 2 sisters and himself as legal heirs. Apprehending that their property would be encroached by third parties, the legal heirs of Pichaalu, have approached the respondents herein with their representations dated 30.11.2020 and 09.01.2021, requesting them not to register the subject property in question in favour of any third parties, and that the said representations were neither acknowledged nor replied to by the respondents. Hence, this petition.
2. Heard Mr.N.Palanivel, learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader for the respondents.
3.1 Fundamentally, this Court cannot restrain the statutory authority from discharging his statutory responsibility. It may be seen from the case of the petitioner that certain sale deeds were fraudulently executed by some strangers in 2008, and even according to the petitioner, those sale deeds came to be cancelled in the same year. Given the fact that the alleged fraudulent act by third parties had taken place some 13 years from now, this Court does not have any material to justify in presenti ground for petitioner's apprehension. 3.2 As already outlined, while this Court cannot direct the statutory authority from performing his/her statutory duties, the registration authority are instructed to hold a preliminary enquiry as to the identity of the parties in terms of Section 34
(3) and 35(2) of the Registration Act, and shall also receive such documents identifying the party, satisfy themselves adequately before proceeding with the registration of any documents so presented before him/her.
4. The writ petition is disposed of in the manner indicated. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar DS To:
1. The Inspector General of Registration 100, Santhome High Road Registration Department Santhome, Mylapore Chennai - 600 004.
2. The Deputy Inspector General of Registration Registration Office, Multicomplex Mannarpuram Tiruchirapalli.
3. The District Registrar District Registration Office Ariyalur Ariyalur District.
4. The Sub Registrar Office of the Sub Registrar Perambalur Perambalur District.
+1cc to Mr.N.Palanivel, Advocate, S.R.No.9730 W.P.No..2845 of 2021 DS(CO) TE(27/04/2021)