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Madras High CourtWP/16754/2014closed

B.Sujaya, v. The Inspector General Of

2018-04-19Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2018 C O R A M THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.16754 of 2014 and M.P.No. 1 of 2014 1.B.Sujaya 2.P.Narayanasamy 3.K.Kalichamy 4.K.Kalimuthu

...Petitioners

Vs.

1.The Inspector General of Registration Office of the Inspector General of Registration Santhome, Chennai.

2.The District Registrar Coimbatore-641 018.

3.The Sub Registrar Mettupalayam Coimbatore District.

4.A.Kamarudeen ... Respondents PRAYER Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records pertaining to the order dated 18.05.2012 passed by the 2nd respondent in Na.Ka.248/Aa1/2012 quash the same as illegal. For Petitioner : Mr.M.Guruprasad For Respondents : Mr.J.Ramesh [For R1 to R3] Mr.AL.Gandhimathi [For R4]

O R D E R

The order passed by the second respondent in proceedings dated 18.05.2012 in respect of the execution of fraudulent power of attorney is under challenge in this writ petition.

2.The learned counsel appearing on behalf of the writ petitioner states that based on the complaint a criminal prosecution had been initiated in FIR No.1148 of 2010 dated 22.05.2010 by the Mettupalayam Police Station. The investigation was completed and a charge sheet was also filed before the court of law in C.C.No.178 of 2015 on the file of the District Magistrate Court, Mettupalayam.

3.This apart, in respect of cancellation of the power of attorney, the power granted to the Sub-Registrars had been withdrawn by the Government and now, the aggrieved parties have to approach the competent civil court for the purpose of adjudicating the genuineness of the documents under the provisions of the Registration Act.

4.In this view of the matter, no further adjudication needs to be undertaken in respect of the grounds raised in this writ petition. The respective parties can participate in the criminal case and adduce evidences and submit documents for the purpose of establishing their case. So also if any one of the parties aggrieved from and out of any such document registered, then they are at liberty to approach the court of law for redressing their grievances.

5.Thus, this writ petition stands closed. However, there is no order as to costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar maya To 1.The Inspector General of Registration Office of the Inspector General of Registration Santhome, Chennai.

2.The District Registrar Coimbatore-641 018.

3.The Sub Registrar Mettupalayam Coimbatore District.

+1cc to Mr.M.Guruprasad, Advocate, S.R.No.29121 +1cc to Mr.AL.Gandhimathi, Advocate, S.R.No.29315 +1cc to the Government Pleader, S.R.No.29557 W.P.No.16754 of 2014 AD(CO) CS/18/05/18