Madras High CourtWP/20160/2015disposed of

R.Sivakumar v. The Inspector General

2015-07-08Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.20160 of 2015 R.Sivakumar ... Petitioner Vs.

1 The Inspector General of Registration 100 Santhome High Road Chennai-600 028.

2 The District Registrar (Administration) No.9 Jenis Road South Chennai Saidapet Chennai-600 015.

3 The Sub Registrar Pammal S.R.O. Office Chennai-600 044.

4 R.Murugesan 5 R.Vijayakumar 6 R.Udhayakumar ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to conduct an enquiry and initiate prosecution under Sections 82 and 83 of the Registration Act 1908 against the respondents 4 to 6 and their associates for the creation of a fraudulent release deed dated 26.05.2004 (Doct.No. 2003/2004) by considering the petitioners representations dated 18.05.2015 and 28.05.2015. For Petitioner : Mr.N.Manokaran For Respondents : Mr.M.Digvijaya Pandian for R1 to R3 Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner claims that his father had ancestral properties at Thandalam Village, Sriperumbudur Taluk and the income from the joint families has been purchased vast extent of lands in different survey fields and would further state that on

20.02.1976, his father and four sons including the petitioner had entered into a family partition which is registered as document number 529 of 1976 wherein the properties had been allotted to his father and four sons and that thereafter, respective sharers have been in possession and enjoyment of their shares. 3.It is also stated by the petitioner that his parents had executed a registered joint Will dated 16.09.1994 bequeathing the property in favour of their sons and daughter on the property situated in Thandalam Village as well as in Tharapakkam Village. It is also the claim of the petitioner that after the said Will, his father had purchased 39 cents in S.F.Nos.247/2, 4A, 5 and 7 under the registered sale deed bearing document no.1363/2000 dated 19.04.

2000 and sometimes thereafter, his parents died intestate insofar as the above said property is concerned. 4.It is the case of the petitioner that his younger brother who is arrayed as the fifth respondent made a suggestion to plot out the above said lands and he told him that in the absence of any partition in respect of 39 cents purchased by his father under registered sale deed, it is not possible to transfer the property in piecemeal. Thereafter, the petitioner came to know that a release deed dated 26.05.2004 came into being fraudulently as if respondents 4 and 5 who are his brothers as well as his sister had executed the same in favour of the sixth respondent. It is the specific claim of the petitioner that the said document came into being through a fraudulent manner and in this connection, he submitted a representation dated 18.

05.2015 to the second and third respondents and since he has not been favoured with any kind of response, came forward to file this writ petition. 5.Heard the submissions of Mr.N.Manokaran, learned counsel appearing for the petitioner and Mr.M.Digvijaya Pandian, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 3.

6.Though the petitioner prayed for a larger relief, this Court without going into the merits of the claim projected by the petitioner either in his representations or in this writ petition, directs the second respondent to consider and dispose of the petitioner's representation dated 18.05.2015 in accordance with law after putting on notice, the respondents 4 to 6 and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the private respondents.

7.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar pri To 1 The Inspector General of Registration 100 Santhome High Road Chennai-600 028.

2 The District Registrar (Administration) No.9 Jenis Road South Chennai Saidapet Chennai-600 015.

3 The Sub Registrar Pammal S.R.O. Office Chennai-600 044.

1 cc to Mr.N.Manokaran, Advocate, Sr. 34447 W.P.No.20160 of 2015 MSM (CO) kk 20/7