Lakshmanan v. The District Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.6573 of 2020 Lakshmanan ... Petitioner Vs.
1.The District Registrar, District Registrar Office, Salem Main Road, Krishnagiri.
2.The Deputy Superintendent of Police, District Crime Branch, Krishnagiri District.
3.The Sub Registrar, Sub Registrar Office, Hosur, Krishnagiri District.
4.Pillamma 5.Pramillamma ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the first respondent to conduct enquiry and to take appropriate action on the petitioner's representation dated 30.07.2019 in respect of fraudulent settlement deed dated 16.07.2019 registered as Doc.No. 12696 of 2019 executed in respect of the petitioner properties. For Petitioner : Mr. R. Jayaprakash For Respondents : Mr. M. Tamizharasan, for R1 & R3 Additional Government Pleader Mr. S.N. Parthasarathi, for R2 Government Advocate
O R D E R
This writ petition has been filed for the issue of writ of mandamus directing the first respondent to conduct an enquiry to take appropriate action on the representation made by the petitioner on 30.07.2019 wherein, the petitioner is
questioning a fraudulent settlement deed dated 16.07.2019 which was executed with respect to the property in which the petitioner is claiming to be the owner.
2.
The case of the petitioner is that initially the fourth respondent and her legal heirs have executed a sale deed dated 03.07.1995 for the entire property in favour of the fifth respondent. The further case of the petitioner is that his uncle Krishnappa had executed a settlement deed dated 10.10.1980 in favour of the petitioner with respect to the subject property. According to the petitioner, he also obtained patta for the said property and he claims to be in possession and enjoyment of the same. The grievance of the petitioner is that the fourth and fifth respondents have dealt with the same property by virtue of a settlement deed dated 16.07.2019 which according to the petitioner is a fraudulent document created by them.
The petitioner has therefore made a complaint to the first respondent to conduct an enquiry for taking action under Section 83 of the Registration Act, 1908 on the ground that a fraudulent document has been created by the fourth and fifth respondents. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate direction. 3.
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
4.
The learned Additional Government Pleader appearing on behalf of the respondents submitted that the petitioner by his representation dated 30.07.2019 has sought for the cancellation of the settlement deed and such cancellation of document can never be done by the authority and the petitioner has to only work out the remedy before the competent Court. The learned counsel submitted that if at all the petitioner wants to proceed further with the representation, the petitioner has to confine himself only with respect to the action under Section 83 of the Registration Act, 1908. 5.
This Court finds force in the submissions made by the learned Additional Government Pleader appearing on behalf of the respondents. As rightly contended, the respondents cannot ultimately cancel the document and such a jurisdiction is only confered upon the competent Court. If, according to the petitioner, the fraudulent document has been created by the private respondents, the official respondents can confine their enquiry with respect to taking action under Section 83 of the Registration Act, 1908.
6.
In view of the above, there shall be a direction to the first respondent to consider the complaint / representation dated 30.07.2019 made by the petitioner and deal with the same strictly in accordance with law, after affording an opportunity to the respondents 4 and 5 and pass appropriate orders, within a period of 12 weeks from the date
of receipt of copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of the complaint / representation dated 30.07.2019 and a copy of this order.
7.
This writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar AT To 1.The District Registrar, District Registrar Office, Salem Main Road, Krishnagiri.
2.The Deputy Superintendent of Police, District Crime Branch, Krishnagiri District.
3.The Sub Registrar, Sub Registrar Office, Hosur, Krishnagiri District.
+1cc to Mr.R.Jayaprakash, Advocate, S.R.No. 23332 +1cc to the Government Pleader, S.R.No. 23702 W.P.No.6573 of 2020 PVJ(CO) GN(02/07/2020)