K.Rathinam v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM K.Rathinam

...Petitioner

Vs 1.The Inspector General of Registration, Santhome, Chennai.

2.The District Registrar, Office of the District Registrar, Combined Building, Udayapatti Byepass, Salem District.

3.The Sub Registrar, Muluvi Post, Yerkadu Taluk, Salem District - 636 602.

4.A.Jayakumar 5.S.Jayaraj Krishnan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the sale deed dated 05.03.2008 bearing Document No.211/2008 on the file of 3rd respondent and to conduct enquiry upon the respondents 4 and 5 by considering the petitioner's representation dated 21.03.2023. 1/5

For Petitioner : Mr.K.Prabhakaran For Respondents : Mr.N.Naveenkumar Government Advocate for R1 to R3

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 to 3 to cancel the sale deed dated 05.03.2008 bearing Document No.211/2008 on the file of 3rd respondent and to conduct enquiry upon the respondents 4 and 5 by considering the petitioner's representation dated 21.03.2023.

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 and another Vs. The Sub Registrar, Dadagapatti Sub Registrar Office, 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:

(i) In respect of the complaints pending before the District Registrars concerned and the appeals pending before 2/5

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 3/5

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.

28.06.2023 Index : Yes/ No Speaking order : Yes /No Sgl To 1.The Inspector General of Registration, Santhome, Chennai.

2.The District Registrar, Office of the District Registrar, Combined Building, Udayapatti Byepass, Salem District.

3.The Sub Registrar, Muluvi Post, Yerkadu Taluk, Salem District - 636 602.

4/5

S.M.SUBRAMANIAM, J.

Sgl 28.06.2023 5/5