G.Mathu v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR G.Mathu .. Petitioner

Versus

1. The Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai, Tamil Nadu - 600 009.

2. The Deputy Inspector General of Registration, No.312, Third Floor, District Collector's Office, Salem - 636 001.

3. The Director, Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai, Tamilnadu - 600 016.

4. The District Registrar, Dharmapuri District Registrar Office, Dhamapuri, Dharmapuri District.

5. The Sub Registrar, Pennagaram Sub Registrar Office Pennagaram, Dharmapuri District - 636 810.

[R5 impleaded vide Order dated 28.06.2021 made in WMP.11066/2021 in W.P.No.8930 of 2021 by VBDJ] .. Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to take appropriate departmental action against the Pennagaram Sub-Registrar and remove from service and consequently direct the third respondent to take necessary action against the petitioner representation dated 11.11.2019. For Petitioner : Mr.C.Palanisamy For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader - R1, 2, 4 & 5 Mr.S.Sugendran Additional Government Pleader - R3

ORDER

This Writ Petition has been filed to direct the first respondent to take appropriate departmental action against the Pennagaram Sub-Registrar and remove him from service and consequently direct the third respondent to take necessary action against the petitioner representation dated 11.11.2019.

2. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for respondents and perused the materials available on record.

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3. The case of the petitioner is that he purchased the subject property vide registered sale deed dated 13.12.2010 and he is in enjoyment of the property since the date of purchase. While so, one Nagaraj illegally registered a document in respect of the property on 15.05.2019. In this regard the petitioner sent a representation to the respondents 1 to 3 on 11.11.2019. But no action has been taken by them. Hence, the present Writ Petition.

4. The learned counsel appearing for the petitioner submitted that a civil suit is pending with regard to dispute between the parties. Since already a Civil Suit is pending with regard to the dispute between the parties, whatever document is registered in respect of the property, which is also a subject matter of the suit, rights will based on the decision of the suit. In such view of the matter, the direction as sought for by the petitioner cannot be issued and there is no merits in this Writ Petition.

5. Accordingly, this Writ Petition stands dismissed. No costs. 20.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No 3/5

To

1. The Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai, Tamil Nadu - 600 009.

2. The Deputy Inspector General of Registration, No.312, Third Floor, District Collector's Office, Salem - 636 001.

3. The Director, Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai, Tamilnadu - 600 016.

4. The District Registrar, Dharmapuri District Registrar Office, Dhamapuri, Dharmapuri District.

5. The Sub Registrar, Pennagaram Sub Registrar Office Pennagaram, Dharmapuri District - 636 810.

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N. SATHISH KUMAR , J.

vrc W.P.No.8930 of 2021 20.06.2024 5/5