V.Jagath Prasad v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.3795 of 2022 V.Jagath Prasad

...Petitioner

Vs.

1.The Inspector General of Registration, 100, Santhome High Rd, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600 028.

2.The District Registrar (Administration), South Central, Fanepet, Nandanam, Chennai-600 035.

3.The Sub-Registrar, Tambaram, South Chennai District, Rajakilpakam, Chennai-600 073.

4.P.Boominathan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to forbear the 3rd respondent to receive any Deed of sale for registration from the 4th respondent in respect of the properties situated at Plot No.10, 11, & 12 admeasuring 1300 Sq.ft, 1500 Sq.ft and 1638 sq.ft respectively at Kannadasan Street, Archana Nagar, Peerkankaranai Village, Kancheepuram District based on the representation of the petitioner dated 31.10.2019. For petitioner : Mr.J.Deliban For Respondents : Mr.Yogeshkannadasan Special Government Pleader

ORDER

The petitioner has filed this petition to forbear the 3rd respondent to receive any Deed of sale for registration from the 4th respondent in respect of the properties situated at Plot No.10, 11, & 12 admeasuring 1300 Sq.ft, 1500 Sq.ft and 1638 Sq.ft respectively at Kannadasan Street, Archana Nagar, Peerkankaranai Village, Kancheepuram District based on the representation of the petitioner dated 31.10.2019.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since, no adverse order is being passed against the fourth respondent, notice to the fourth respondent is dispensed with.

4. The case of the petitioner is that the petitioner's mother Pushpakantha purchased a property situated at Plot No.10 admeasuring 1300 Sq.ft at Vivekanandan Street, Peerkankarani village, Kancheepuram District and Plot No.11 & 12 admeasuring 1500 Sq.ft and 1638 Sq.ft at Kannadasan street, Archana Nagar, Peerkankaranai village, Kancheepuram District vide document No.1670 and 2714 of 1996 registered at S.R.O Tambaram, Chennai. The mother of the petitioner died intestate leaving behind the petitioner and his father, his brothers and sisters as legal heirs of said property on 14.11.2004. The father of the petitioner went missing in the year 2011. Therefore, petitioner filed a H.C.P.No.1246 of 2011 before this Court. However, till date his whereabouts are not known to the petitioner as well as to the brothers and sisters of the petitioner.

Thereafter, petitioner applied for Encumbrance Certificate from the third respondent for the above said property. Then the petitioner came to know that, the property owned by his mother was allegedly sold by a power of attorney appointed by his mother in favour of the fourth respondent by Docs.Nos.887, 1689 & 1699 of 2016 registered at S.R.O Tambaram, Chennai. The mother of petitioner alleged to have executed a deed of power of attorney appointing B. Gopalakrishnan as her power agent in Doc.Nos.611, 612 & 613 of 2016 on the file of the Sub Registrar, Tambaram, Chennai. But, the fact remains is that the mother of the petitioner died as early as in the year 2004 itself.

Chennai Police Police and upon investigation an F.I.R in Crime No. 43 of 2017 was registered against the fourth respondent and B.Gopalakrishnan who is alleged to be as power agent of the petitioner's mother. Thereafter, the fourth respondent inferring and anticipating F.I.R registered against him filed a suit in O.S.No.235 of 2016 on the file of the District Munsif at Tambaram. Immediately, thereafter, petitioner made a complaint before the District Registrar of Registration, South Chennai to take appropriate action against the fourth respondent and cancel the impersonated documents bearing Nos.887, 1698 & 1699 of 2016 on the file of the S.R.O Tambaram at Chennai.

However, the second respondent passed an order directing the petitioner to work out the remedy before the competent Civil Court, without taking into consideration that the suit has been filed by the fourth respondent only for the limited relief of injunction and not for declaration. Thereafter, petitioner filed an appeal before the first respondent as against the above said order dated 15.05.2017 and till date the appeal was not disposed of on the ground of Circular No. 67/2011 dated 03.11.2011 issued by the first respondent was stayed by this Court. Thereafter petitioner made a representation dated 31.10.2019 to the third respondent to forbear from receiving any documents for registration from fourth respondent in respect of above said properties. Hence the present Writ Petition has been filed by the petitioner for the above relief.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the third respondent to consider the application of the petitioner dated 31.10.2019. He further submitted that, issue direction to dispose of the appeal filed by the petitioer within the time frame that may be fixed by this Court.

6. The learned Special Government Pleader appearing for the respondents submits that the petitioner's representation dated 31.10.2019 will be considered by the respondent within the time frame that may be fixed by this Court.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner's representation dated 31.10.2019, and also directs the first respondent to dispose of the appeal filed by the petitioner and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar tri/nhs To 1.The Inspector General of Registration, 100, Santhome High Rd, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600 028.

2.The District Registrar (Administration), South Central, Fanepet, Nandanam, Chennai-600 035.

3.The Sub-Registrar, Tambaram, South Chennai District, Rajakilpakam, Chennai-600 073.

+1 CC to The Governemnt Pleader sr 13045 +1 CC to M/s.J. Deliban, Advocate sr 12158.

W.P.No.3795 of 2022 PMK(CO) SP(22/03/2022)