Srimath Sundaramurthy v. The Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Srimath Sundaramurthy Swamigal Trust Represented by its Secretary M.Jayashankar, 66B, Station Road, Korattur, Chennai - 600 080 ... Petitioner Vs.

1.The Inspector General of Registration, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Admin) Central Chennai, No.182 Bharati Salai (Pycrafts Road) Royapettah, Chennai - 600 014.

3.The Sub Registrar, No.5/5, 3rd Main Road, Sidco Nagar Naadhamuni Kunnur, Villivakkam, Chennai - 600 049.

4.Mr.K.G.Sakthinath 5.Mrs.S.Lakshmi ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to issue appropriate directions to the 2nd respondent to conduct enquiry and cancel / null the deeds made on temple property based on the representation sent by the petitioner dated 15.03.2015.

For Petitioner : Ms.Maya Devi For Mr.S.Ramesh Kumar For R1 to R3 : Mr.S.Ravichandran Additional Government Pleader For R4 & R5 : Mr.D.Stephan

O R D E R

The relief sought for in the present writ petition is to direct the 1st respondent to issue appropriate direction to the 2nd respondent to conduct an enquiry and cancel the deeds made on the Temple property by considering the representation sent by the petitioner on 15.03.2015.

2. The petitioner is the Srimath Sundaramurthy Swamigal Trust.

3. The petitioner states that the property belonging to the petitioner's Trust was fraudulently transferred by few individuals and in this regard the petitioner submitted an application to cancel all such deeds by conducting an enquiry. The 2nd respondent / District Registrar is the competent authority under the Registration Act to conduct an enquiry and take appropriate decision in respect of such fraudulent deeds, if any registered.

4. In view of the fact that the petitioner submitted a complaint in the year 2015 itself, the 2nd respondent is directed to conduct an enquiry by following the procedures as contemplated and by affording an opportunity to the parties.

5. In this regard, the petitioner is at liberty to submit a fresh application along with the copy of the order passed in this writ petition to the 2nd respondent for appropriate action. The 2nd respondent is directed to complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition stands disposed of. No costs.

12.04.2023 Jeni Index : Yes Speaking order

To 1.The Inspector General of Registration, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Admin) Central Chennai, No.182 Bharati Salai (Pycrafts Road) Royapettah, Chennai - 600 014.

3.The Sub Registrar, No.5/5, 3rd Main Road, Sidco Nagar Naadhamuni Kunnur, Villivakkam, Chennai - 600 049.

S.M.SUBRAMANIAM, J.

Jeni 12.04.2023