Mrs. Rosy @ Rajeswari, v. The District Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.02.2024 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.3491 of 2024 --- Mrs.Rosy & Rajeswari .. Petitioner Vs.
1. The District Registrar, South Chennai Registration District, Veterinary Hospital Road, Nandanam, Chennai-600 035.
2. Assistant Divisional Engineer, Tamil Nadu State Highways, Then Tambaram Sub-Division, Presently Velachery Sub-Division, Velachery, Chennai-600 042.
3. The District Collector, Chennai District, George Town, Chennai-600 001.
4. The District Revenue Officer, Chennai District, Office of the District Collector, George Town, Chennai-600 001.
5. The Tahsildar, Velachery Taluk, Seva Nagar, Velachery, 1 / 6
Chennai-600 042.
6. M/s.V.G.P.Housing Pvt. Ltd., Rep. by its Managing Director, V.G.P.Square, No.21, Dharmaraja Koil Street, Saidapet, Chennai-600 015.
7. Mr.Suresh Babu ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to enquire and pass orders on the petitioner's representation dated 16.08.2023 pending on the file of the first respondent in proceedings No.16529/E2/2023 and thereby cancel the registration of (i) the sale deed bearing No.1454 of 1974 dated 06.12.1974 executed in the name of the sixth respondent and registered before the SubRegistrar, Saidapet, (ii) the sale deed bearing No.1455 of 1974, dated 06.12.1974, executed in the name of the sixth respondent and registered before the Sub-Registrar, Saidapet, and (iii) the Power of Attorney dated 07.02.2012 registered as document bearing No.119 of 2012, executed by the sixth respondent in the name of the seventh respondent and registered before the Sub-Registrar, Velacherry.
For petitioner : Mr.R.Balachandran For respondents: Mr.U.Baranidharan, Addl.G.P. for RR-1 to 5 2 / 6
ORDER
The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent to enquire and pass orders on the petitioner's representation dated 16.08.2023 pending on the file of the first respondent in proceedings No.16529/E2/2023 and thereby cancel the registration of (i) the sale deed bearing No.1454 of 1974 dated 06.12.1974 executed in the name of the sixth respondent and registered before the SubRegistrar, Saidapet, (ii) the sale deed bearing No.1455 of 1974, dated 06.12.1974, executed in the name of the sixth respondent and registered before the Sub-Registrar, Saidapet, and (iii) the Power of Attorney dated 07.02.2012 registered as document bearing No.119 of 2012, executed by the sixth respondent in the name of the seventh respondent and registered before the Sub-Registrar, Velacherry.
2. The Writ Petition is filed for a Mandamus to conduct enquiry and since with regard to the issue under Section 77-A of the Registration Act, there is divergent view and the same is pending before the Larger Bench of this Court, which has been constituted and as the Larger Bench is seized of the matter and 3 / 6
unless the Larger Bench decides the issue and reference is answered, no Registrar can conduct enquiry under Section 77-A regarding the forgery of the document. Hence, the petitioner has to either wait for the outcome of the issue before the Larger bench of this Court or he has to approach before the Civil Court.
3. The Writ Petition is disposed of with the above observations. There shall be no order as to costs.
15.02.2024 cs To
1. The District Registrar, South Chennai Registration District, Veterinary Hospital Road, Nandanam, Chennai-600 035.
2. Assistant Divisional Engineer, Tamil Nadu State Highways, Then Tambaram Sub-Division, Presently Velachery Sub-Division, Velachery, Chennai-600 042.
3. The District Collector, Chennai District, George Town, Chennai-600 001.
4. The District Revenue Officer, Chennai District, 4 / 6
Office of the District Collector, George Town, Chennai-600 001.
5. The Tahsildar, Velachery Taluk, Seva Nagar, Velachery, Chennai-600 042.
5 / 6
P.VELMURUGAN, J cs W.P.No.3491 of 2024 15.02.2024 6 / 6