N.Sadhiq Basha v. Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.09.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI N.Sathiq Basha ...

Petitioner Vs 1.Inspector General of Registration No.100, Santhome High Road, Mylapore, Chennai-600 028.

2.District Registrar District Registrar Office, Katcheri Road, Kallakurichi.

3.Palanisamy 4.Kandasamy ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to conduct enquiry on the complaint made by the petitioner dated 26.03.2019 following procedure laid down in circular in letter no.41530/U1/2017 issued by the 1st respondent within a stipulated time.

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For Petitioner : M/s.Ajimath Begum For RR-1 & 2 : Mr.U.Baranidharan, Special Government Pleader : R-3 [Died] : R-4 [No Appearance]

O R D E R

The present petition has been filed seeking a direction to the 2nd respondent to conduct enquiry on the complaint based on the petitioner's complaint dated 26.03.2019 as per the procedure contemplated in Circular dated 08.11.2017 issued by the 1st respondent within the time that may stipulated by this Court.

2. It is the case of the petitioner that the petitioner is in absolute possession of the subject property through his predecessors in title. However, in view of the fraudulent registration that had taken place in respect of the subject property, the petitioner made a complaint dated 26.03.2019 before the 2nd respondent requesting to conduct an enquiry with respondents 3 & 4 under Section 82 & 83 of the Registration Act, 1908 with regard to the fraudulent registration. Since, no action has been taken on the said complaint so far, the Page No:2/4

petitioner has come up with the present registration.

3. Though very many grounds have been raised, however, at the time of arguments, learned counsel for the petitioner submits that it would suffice, if this Court issues a direction to the 2nd respondent to conduct an enquiry based on the complaint made by the petitioner and pass appropriate orders on the same.

4. On the above contention, this Court heard the learned Special Government Pleader appearing for respondents 1 & 2.

5. As this Court had repeatedly held in catena of decisions that once the document is registered, the District Registrars have no powers to cancel the said registration, the relief sought for in this Writ Petition cannot be acceded to. However, it is open to the petitioner to approach the competent civil court to work out his remedy in the manner known to law. Page No:3/4

M.DHANDAPANI, J.

Nhs

6. Accordingly, this Writ Petition stands disposed of with the aforesaid liberty. There shall be no order as to costs. 04.09.2025 Index : Yes / No Speaking Order / Non-speaking order Nhs To 1.Inspector General of Registration No.100, Santhome High Road, Mylapore, Chennai-600 028.

2.District Registrar District Registrar Office, Katcheri Road, Kallakurichi.

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