Madras High CourtWP/20617/2023disposed of

P. Yasotha v. The Inspector General Of Registration

2023-07-12Honourable Mr Justice S.M. Subramaniam7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mrs.P.Yasotha ... Petitioner Vs.

1.The Inspector General of Registration, Santhome, Chennai - 600 028.

2.The District Registrar, Registration Department, Kanchipuram District.

3.The Sub-Registrar, Kanchipuram District.

4.The Sub-Registrar, Sembium, Chennai - 600 011.

5.The District Collector, Kanchipuram District.

6.The District Revenue Officer, Kanchipuram District.

7.The Revenue Divisional Officer, Sriperumbudur Taluk, Kanchipuram District.

8.Mr.Kirubakaran

9.Mrs.Uma Kirubakaran 10.M/s.CEAT Limited, Kannanthangal Village, Madhuramangalam Post, Sriperumbudur Taluk, Kanchipuram - 602 108.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents herein, viz., to consider the representation of the petitioner dated 11.03.2023, in so far as, in the said representation, the petitioner had sought for to conduct an enquiry against the persons, viz., Respondents No.8 to 10, who had fraudulently and illegally registered the documents, with the office of 3rd and 4th respondents, by creating, fabricating and forging the property documents, pertaining to the petitioner's property situated at Survey No.148/2A, 148/2B, 166/3B, measuring an extent of 94 cents, kannandhangal Village, Sriperumbudur Circle, Kanchipuram District - 602 108. For Petitioner : Mr.S.Baskaran For R1 to R7 : Mr.P.Sanjay Gandhi Government Advocate For R10 : Mr.Abishek Jenasenan

O R D E R

The relief sought for in the present writ petition is to direct respondents 1 and 2 to consider the representation of the petitioner dated 11.03.2023, to conduct an enquiry against the respondents 8 to 10, who had fraudulently and illegally registered the documents, with the office of 3rd and 4th respondents, by creating, fabricating and forging the property documents, pertaining to the petitioner's property situated at Survey No.148/2A, 148/2B, 166/3B, measuring an extent of 94 cents, kannandhangal Village, Sriperumbudur Circle, Kanchipuram District - 602 108.

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 vs. The Sub Registrar, Dadagapatti, 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:

(1)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;

(2)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;

(3)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.

(4)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.

(5) 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.

4. Accordingly, this Writ Petition stands disposed of. No costs. 12.07.2023 Jeni Index : Yes Speaking order

To 1.The Inspector General of Registration, Santhome, Chennai - 600 028.