P.Rajendiran v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM P.Rajendiran ... Petitioner Vs.

1.The District Registrar, District Registrar Office, Krishnagiri.

2.The Sub Registrar, Hosur - 635 109, Krishnagiri District.

3.Naghojirao 4.B.Krishnareddy 5.K.Varadharaj 6.V.Mallika ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to initiate the proceedings under section 77A of Registration Act, 1908 in respect of the fraudulent documents namely power of attorney dated 05.03.2010 registered as Doc.Nos.408/2010, sale deed dated 12.06.2010 registered as Doc.No.10310/2010 and sale deed dated 02.03.2011 registered as Doc.No.2960/2011 on the file of the second respondent, based on the

petitioner's representation dated 17.03.2023 within a stipulated period of time.

For Petitioner : Mr.M.Mohamed Riyaz For Respondents 1 & 2 : Mr.C.Jayaprakash, Government Advocate For Respondent 5 : No appearance For Respondent 3, 4 & 6 : Not Ready in notice

O R D E R

The relief sought for in the present writ petition is to direct the first respondent to initiate the proceedings under section 77A of Registration Act, 1908 in respect of the fraudulent documents namely power of attorney dated 05.03.2010 registered as Doc.Nos.408/2010, sale deed dated 12.06.2010 registered as Doc.No.10310/2010 and sale deed dated 02.03.2011 registered as Doc.No.2960/2011 on the file of the second respondent, based on the petitioner's representation dated 17.03.2023 within a stipulated period of time.

2. The issues raised in the present writ petition were adjudicated by this Court in a batch of writ petitions in W.P.No.4192 of 2018 [A.Selvam & another Vs. The Sub Registrar, Salem District] etc., and batch, and a

judgment was delivered on 15.06.2023 and the relevant paragraphs of the judgment are extracted hereunder:

"33. In view of the facts and circumstances, the following orders are passed:

(i) In respect of the complaints pending before the District Registrars concerned and the appeals pending before the respective Appellate Authorities, the Inspector General of Registration shall direct all the authorities to follow Circular No.1/2023 dated 10.06.2023 strictly for the purpose of disposal of the complaints and the appeals in a consistent manner;

(ii) The Inspector General of Registration is directed to incorporate the further clarifications as stated in this order and issue a fresh Circular within a period of two weeks from the date of receipt of a copy of this order;

(iii) The respondents are directed to relegate the parties to approach Civil Court of Law, in the event of disputed facts regarding civil rights exist between the parties. (iv) In the event of violation of the guidelines issued by the Inspector General of Registration or the directions issued

by this Court or any other lapses, negligence or dereliction of duty is found while performing the duties by the authorities, departmental disciplinary proceedings are to be initiated under the relevant Service Rules.

(v) The Inspector General of Registration is directed to conduct periodical Reviews as warranted under the Rules of Public Administration."

3. In view of the fact that the case of the petitioner is also similar to that of the cases (cited supra), the case of the petitioner is also to be considered on the same line. Accordingly, this Writ Petition stands disposed of. No costs. 18.07.2023 nl Index : Yes/No Speaking order

To 1.The District Registrar, District Registrar Office, Krishnagiri.

2.The Sub Registrar, Hosur - 635 109, Krishnagiri District.

S.M.SUBRAMANIAM, J.

nl 18.07.2023