V.Carmel Mary v. The Inspector General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2020
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.9976 & 9994 of 2020 and W.M.P.No.12123 and 12149 of 2020 V.Carmel Mary
...Petitioner in W.P.No.9976 of 2020
A.Maria Arokiyanathan, S/o.A.Arul Maria Joseph, No.23, 5A-1 First Street, K.R.G Nagar, Ganapathy, Coimbatore - 641 006.
...Petitioner in W.P.No.9994 of
Vs Registrar office, Mylapore, Chennai - 600 028.
2.The Deputy Inspector General of Registration, Registrar office, Oppostie to Air force Admin College, Red Fields, Coimbatore - 641 018.
9.J.Caroline 10.Michel Raj 11.J.Kevin Antony
...Respondents in W.P.No.9976 of
Registrar Office, Mylapore, Chennai - 600 028.
2.The Deputy Inspector of Registration, Registrar Office, Opposite to Air Force Admin College, Red Fields, Singanallur Sub registrar Office,
Collector Office, Coimabtore - 641 018.
9.J.Caroline W/o.Michel Raj, Mirabella Ministry.
Old No.17/17B, New No.141, Nanjundapuram Road, Sripathi Nagar, Ramanathapuram Village, Coimbatore Corporation Ltd.
10.Michel Raj, Mirabella Ministry Old No.17/17B, New No.141, Nanjundapuram Road, Sripathi Nagar, Ramanathapuram Village, Coimbatore Corporation Ltd.
11.J.Kevin Antony, S/o.Michel Raj, Mirabella Ministry Old No.17/17B, New No.141, Nanjundapuram Road, Sripathi Nagar, Ramanathapuram Village, Coimbatore Corporation Ltd.
...Respondents in W.P.No.9994 of 2020
Prayer in both Wps: Writ Petitions filed under Article 226 of Constitution of India, praying to issue a writ of mandamus directing the 1st and 2nd respondents to immediately take action under Section 83 of the Registration Act against the 9th respPondent on the basis of the complaint dated 23.06.2020. In W.P.No.9976 of 2020 For petitioner : Mr.S.Venkatesh For respondents : Mr.T.M.Pappiah Special Government Pleader for R1 to R4 Mr.E.Balamurugan Special Government Pleader for R5 to R8
In W.P.No.9994 of 2020 For petitioner : Mr.S.Venkatesh For respondents : Mr.T.M.Pappiah Special Government Pleader for R1 to R4 Mr.E.Balamurugan Special Government Pleader for R5 to R8
ORDER
These writ petitions have been filed for a direction to the respondents to take action based on the complaint given by the petitioner, under Section 83 of the Registration Act.
2. The case of the petitioners is that they are innocent purchasers who believed the words of the 9th respondent and purchased the property and later found that the 9th respondent had induced all the innocent purchasers by giving false promises and misappropriated several crores of rupees. When it was questioned by the petitioner, it is stated that respondents 9 to 11 threatened and manhandled all the innocent purchasers. A Police Complaint has also been given in this regard and the same is pending investigation.
3. The petitioners have given a complaint to the first and second respondents requesting to conduct an enquiry under Sections 82 and 83 of the Registration Act and take action against the 9th respondent. The grievance of the petitioners is that the first and second respondents did not act upon the complaint and left with no other alternative, the present writ petitions have been filed before this Court.
4. Mr.T.M.Pappiah, learned Special Government Pleader, who took notice on behalf of the respondents 1 to 3 submitted that the enquiry can be conducted by the third respondent, since he is vested with powers under Section 83 of the Registration Act. The learned Special Government Pleader further submitted that the petitioners can be directed to give a fresh complaint before the third respondent along with all the particulars and the same will be considered in accordance with law. He further submitted that the earlier representation / complaint can also been annexed along with the fresh representation.
5. This Court carefully considered the submissions made on either side and materials available on record.
6. Taking into consideration, the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the petitioners to submit a fresh complaint to the third respondent along with a copy of the earlier complaint accompanied by all necessary documents.
The third respondent on receipt of the complaint, shall deal with the same strictly in accordance with law. The third respondent shall issue notice to the 9th respondent before proceeding further with the enquiry and passing the final orders. This exercise shall be completed within a period of twelve weeks from the date of receipt of copy of this order.
7. These writ petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar Pns To Registrar office, Mylapore, Chennai - 600 028.
2.The Deputy Inspector General of Registration, Registrar office, Oppostie to Air force Admin College, Red Fields, Coimbatore - 641 018.
W.P.Nos.9976 & 9994 of 2020 VS(CO) GN(28/09/2020)