V.Anandan v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Anandan
...Petitioner
-Vs1.The Inspector General of Registration No.120, Santhome High Road Chennai-600 028.
2. V.Anbalagan 4, Joint Sub Registrar Kancheepuram Taluk Office Campus Kancheepuram District ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to take action on the petitioner's complaint dated 03.10.2023 and 14.03.2024 against the 2nd respondent.
For Petitioner : Mr.A.E.Kalaiselvan For R1 : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This Writ Petition has been filed for a direction directing the first respondent to take appropriate action on the complaint lodged by the petitioner dated 03.10.2023 and 14.03.2024.
2. Heard the learned counsel appearing on either side and perused
the materials available on record.
3. The case of the petitioner is that the petitioner's wife purchased plot No.45 admeasuring an extent of 1800 sq.ft. in survey No.27/2A, 27/2B1, by a registered sale deed dated 20.01.2006. The petitioner and his wife were in possession and enjoyment of the said property. Thereafter, they mortgaged the said property and obtained loan of Rs.5 Lakhs from one M.S.Manoharan and executed a equitable mortgage deed in favour of the said M.S.Manoharan's wife on 10.02.2010. Except this, petitioner's wife did not execute any other document. On the date of registration, the said M.S.Manoharan obtained his wife's Adhaar Card, Passport Size photos and other documents. Utilising the said documents, he had created a power of attorney for the said plot in favour of the said M.S.Manoharan with the help of a document writer.
On the strength of the power of attorney, the said M.S.Manoharan, with the help of the second respondent, fraudulently executed the sale deed in favour of his wife. In this regard, the petitioner lodged a complaint before the first respondent and so far no action has been taken. Hence, this writ petition.
4. Considering the facts and circumstances of the case, the first respondent is directed to conduct an enquiry on the complaint lodged by the
petitioner, after giving an opportunity of hearing to the petitioner and the second respondent, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of. No costs.
28.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To The Inspector General of Registration No.120, Santhome High Road Chennai-600 028.
G.K.ILANTHIRAIYAN. J, Lpp
28.03.2024