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Madras High CourtWP/8113/2026disposed of

Vairavan v. The District Collector

2026-03-09Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2026 Coram THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Vairavan S/o.Abranji .. Petitioner Vs.

1. The District Collector, 1st Floor, Salem Main Road, Near Superintendent of Police Office, Dharmapuri, Tamil Nadu - 636 705.

2. The Inspector General of Registration, Registration Department, Dharmapuri District, Tamil Nadu - 636 701.

3. The District Registrar Officer, Registration Department, Integrated Complex, Near Dharmapuri Taluk Office, Campus on Salai Vinayagar Koil Road, Dharmapuri - 636 701.

4. The Sub-Registrar Officer, Orungenantha Mavata Pathivalar Aluvalagam, Salai Vinayagar Koil Street, Dharmapuri Fort, Dharmapuri - 636 701.

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5. Lakshmi W/o.Rajendran

6. Shanthi W/o.Krishnamoorthi .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 28.11.2025 and conduct a detailed enquiry under Section 83 of the Registration Act, 1908 into the fraudulent and illegal registration of Sale Deed bearing Document No.4229 of 2023, executed by Mrs.Lakshmi, W/o.Rajendran in favour of Mrs.Shanthi, in respect of the petitioner's property situated at Ward No.4, Kilbachapet, Harur, Dharmapuri District, comprised in Survey Nos.152/1B1 and 152/3A2.

For Petitioner :

Mrs.G.Latha For Respondents :

Mr.Jayachandran Government Advocate [R1 to R4] *****

ORDER

Since the prayer sought viz.,cancellation of the alleged fraudulent and illegal registration of the sale deed bearing document No.4229 of 2023, cannot be granted by this Court through a writ petition filed under Article 226 of the Constitution of India and since initiation of the criminal prosecution by the Registering Officer under Section 83 of the Registration 2/4

Act, 1908, is a discretion vested with the Registering Officer, learned counsel for petitioner has now made an endorsement in the Court bundle seeking liberty for the petitioner to initiate criminal prosecution separately without taking recourse to Section 83 of the Registration Act against the respondents 5 and 6, who are said to have executed the alleged fraudulent and illegal sale deed bearing document No.4229 of 2023. In terms of the endorsement made by learned counsel for petitioner, this writ petition is disposed of by granting liberty to the petitioner to initiate separate criminal action against respondents 5 and 6 for the alleged fraudulent and illegal registration of the sale deed bearing document No.4229 of 2023 without taking recourse to Section 83 of the Registration Act. However, this Court is making it very clear that this Court has not expressed any opinion on the merits of the petitioner's case. No costs. 09.03.2026 Index: Yes/No NCC:Yes/No Speaking Order/Non-speaking order gm 3/4

ABDUL QUDDHOSE, J gm To

1. The District Collector 1st Floor, Salem Main Road Near Superintendent of Police Office Dharmapuri, Tamil Nadu - 636 705.

2. The Inspector General of Registration Registration Department Dharmapuri District Tamil Nadu - 636 701.

3. The District Registrar Officer Registration Department Integrated Complex Near Dharmapuri Taluk Office Campus on Salai Vinayagar Koil Road Dharmapuri - 636 701.

4. The Sub-Registrar Officer Orungenantha Mavata Pathivalar Aluvalagam Salai Vinayagar Koil Street Dharmapuri Fort, Dharmapuri - 636 701.

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