Madras High CourtWP/16429/2023disposed of

B.Selvarajan v. The District Registrar,

2023-06-05Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM B.Selvarajan ... Petitioner -Vs1. The District Registrar, Nagapattinam District, Nagapattinam - 611 001.

2. The Sub Registrar, Thagatoor - 614 714.

3. Mr.K.Pichaiyyan ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to register a case against the third respondent under Section 82 and 83 of the Registration Act before the competent police station as per the orders of the 1st respondent passed in e/f/vz;/3285/A5/2022, dt.30.01.2023 and in pursuance of the representation of the petitioner dated 20.03.2023.

For Petitioner : Mrs.Mythili Srinivas For Respondents : Mr.T.Arunkumar Additional Government Pleader[R1 and R2] 1/4

ORDER

The relief sought for the in the present writ petition is to direct the second respondent to register a case against the third respondent under Sections 82 and 83 of the Registration Act, 1908 before the competent police station as per the order of the first respondent passed in proceeding dated 30.01.2023 and in pursuance of the representation of the petitioner dated 20.03.2023.

2. In respect of the grievances regarding the fraudulent registration of a document in respect of the property belonging to the petitioner, a complaint was made by him before the District Registrar, Nagapattinam, who in turn conducted an enquiry and passed an order on 30.01.2023. The said order would reveal that the fraudulent document registered before the Sub-Registrar, Vedarnayam in document No.1198/2021 was cancelled by invoking the powers under Section 77-A of the Registration Act, 1908. Since the fraudulent document has already been cancelled by the Sub-Registrar pursuant to the enquiry conducted by the District Registrar under Section 77-A of the Registration Act, the present writ petition deserves no merit consideration. The competent authorities have considered the complaint and cancelled the document and therefore, the 2/4

petitioner has to approach the competent forum for the purpose of redressing any other grievances that exist against the persons, who have registered the fraudulent documents.

With this liberty, the writ petition stands disposed of. No costs. 05.06.2023 Index : Yes Speaking order: Yes mp To

1. The District Registrar, Nagapattinam District, Nagapattinam - 611 001.

2. The Sub Registrar, Thagatoor - 614 714.

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S.M.SUBRAMANIAM, J.

mp 05.06.2023 4/4