← Library
Madras High CourtWP/14730/2005disposed of

C.Pushpam Ammal v. The Inspector General Of

2019-06-24Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.14730 of 2005 and WP.MP.No.16075 of 2005 C.Pushpam Ammal ..Petitioner Vs 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.

2.The Sub Registrar, Chokkikulam Sub Registrar's Office, P.T.Rajan Road, Madurai 2.

3.J.Ravichandran @ Anaikutty 4.Devadoss ..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Ceritorarified Mandamus to call for the records relating to the impugned orders of the I respondent made in his proceedings in A.T.M.U.No.40116/3/04, dt.05.08.2004 and quash the same as illegal and unsustainable, and direct the respondents I and II to initiate appropriate criminal proceedings against the respondents III and IV for the offences committed by them in accordance with Sec.83 of the Registration Act. For Petitioner : Mr.Govindarajan For Respondents : Mr.P.P.Purushothaman, G.A., for RR1 & 2 No Appearance, for RR3 & 4 - - - -

ORDER

Heard Mr.Govindarajan, learned counsel for the petitioner and Mr.P.P.Purushothaman, learned Government Advocate appearing for the respondents 1 and 2. Though the respondents 3 and 4 have been served and their names have been printed in the cause list, non appears from them.

2. The petitioner has come forward with this Writ Petition for issuance of a Writ of Ceritorarified Mandamus to quash orders of the first respondent made in his proceedings in https://hcservices.ecourts.gov.in/hcservices/

A.T.M.U.No.40116/3/04, dated 05.08.2004 and direct the respondents 1 and 2 to initiate appropriate criminal proceedings against the respondents 3 and 4 for the offences committed by them in accordance with Section 83 of the Registration Act.

3. It is brought to the notice of this Court that in a similar Writ Petition in W.P.No.15111 of 2005, this Court by an order dated 16.03.2012, has held that under the Registration Act, the first respondent therein has no power to cancel the documents, which were already registered. However, the first respondent therein was given liberty to take criminal action against the respondents 3 and 4, if they have committed any offence under the Registration Act.

4. In the light of the above facts, this Writ Petition stands disposed of on the same lines as in the above said order with liberty to the petitioner to approach the competent Civil Court seeking appropriate relief regarding the cancellation of the documents. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar pvs To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.

2.The Sub Registrar, Chokkikulam Sub Registrar's Office, P.T.Rajan Road, Madurai 2.

+1cc to the Government Pleader, S.R.No.52852 W.P.No.14730 of 2005 VBA (CO) RRS(06/08/2019) https://hcservices.ecourts.gov.in/hcservices/