Andrew Wallen Samuvel v. The Deputy Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH Andrew Wallen Samuvel Leslie D Silva, I Williams Trust Represented by its Secretary Mr.Anbu Rajendran No.5/546, Rasipuram Main Road S.Papparapatti, Salem Taluk (South) Salem District.

.... Petitioner Vs 1.The Deputy Inspector General of Registration Kumaragiri Bye-pass Road Udayapatti Post, Near Kailash Manasarovar School Salem - 14.

2.The District Registrar Krishnagiri, Krishnagiri District.

3.David S.Padmanaban 4.Gopinath 5.Kavitha Gopinath .... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus to direct the second respondent to conduct an enquiry under Sec.68/2 of the Registration Act with regard to the forged sale deed in Doc.No.2842/2009 dated 27.04.2009 executed by the third respondent in favour of the 4th & 5th respondents herein by considering the petitioner's representation dated 19.07.2024 within a stipulated period fixed by this Court. For Petitioner : Mr.C.Samivel For Respondents : Mr.U.Baranidharan Special Government Pleader [R1 & R2]

ORDER

This writ petition has been filed for issue of Writ of Mandamus directing the second respondent to conduct an enquiry under Section 68(2) of the Registration Act, based on the representation made by the petitioner on 19.07.2024, wherein the petitioner has alleged that the sale deed dated 27.04.2009 registered as Document No.2842/2009 has been fabricated.

2. Heard Mr.C.Samivel, learned counsel appearing for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader for respondents 1 and 2.

3. In the considered view of this Court, even if the second respondent deals 2/5

with the representation made by the petitioner, the second respondent is not vested with any power to cancel the document for irregularities in registering the same. It was so held by a Division Bench of this Court in M.Kathirvel Vs. Inspector General of Registration reported in 2024 (4) CTC 769.

4. In view of the same, it will be left open to the petitioner to work out the remedy before the competent civil Court, in accordance with law.

5. This writ petition is disposed of in the above terms. No costs. 20.03.2025 Index : Yes/No Speaking Order/Non-Speaking Order ds 3/5

To:

1.The Deputy Inspector General of Registration Kumaragiri Bye-pass Road Udayapatti Post, Near Kailash Manasarovar School Salem - 14.

2.The District Registrar Krishnagiri, Krishnagiri District.

4/5

N. ANAND VENKATESH., J ds 20.03.2025 5/5