N.Sundar v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-04-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 17473 OF 2026

1. N.Sundar S/o. Narayanasamy, No.3A/ 32 First Cross Street, Ranganathapuram, Tambaram, Chennai 45 Petitioner(s) Vs

1. The Inspector General Of Registration Registration department, No. 100, Santhome High Road, Pattinapakka, Foreshore Estate, Chennai 28 2.The District Registrar Registration department, District Registrar office Tambaram, No. 117 Venkatesan Street, Tambaram West, Chennai 45 3.The Sub Registrar Sub Registrar office Tambaram, Sembakkam, Rajakilpakkam, Chennai 4.L.Thirupurasundari 5.Udayakumar S/o. Lingesan 6.Chandru S/o. Sabapathy Respondent(s)

PRAYER Directing the respondents to consider and dispose of the petitioners representation dated 28.03.2026 submitted before the 1st to 3rd respondent to invoke section 83 of the Registration Act 1908 for initiation of criminal prosecution against 4th to 6th respondent in exercise of powers under section 83 of the Registration Act 1908 for offences arising out of the said fraudulent act under section 82 of the Registration act 1908 to uphold the sanctity of Government public records on merits and in accordance with law and pass orders within a time frame that may be fixed by this court For Petitioner(s):

M/s.B.Ramya For Respondent(s):

Mr.P.Harish Govt.Advocate For R1 to R3 R4 to R6 - notice dispensed with

ORDER

This writ petition has been filed to direct the third respondent to invoke Section 83 of the Registration Act, 1908 and criminally prosecute the offenders viz., the respondents 4 to 6, who according to the petitioner have executed and registered fraudulent documents.

2. A party cannot compel the Registration Department to launch criminal prosecution against the alleged offenders, who are said to have violated Section 82 of the Registration Act, by executing fraudulent document. The discretion to launch criminal prosecution under Section 83 of the Registration Act is exclusively vested with the Registration Department. When the Registration Department has not launched criminal prosecution against the respondents 4 to 6, the petitioner cannot compel the Registration Department to launch criminal prosecution by invoking Section 83 of the Registration Act, 1908 against the

respondents 4 to 6, who according to the petitioner have executed fraudulent documents.

3. The only limited relief that can be granted to the petitioner in this writ petition is to grant liberty to the petitioner to launch an independent criminal prosecution if so advised, as against the respondents 4 to 6, who according to the petitioner has executed fraudulent documents, in the manner known to the petitioner under law by lodging a police complaint before the appropriate police.

4. This Court is not expressing any opinion on the merits of the petitioner's contentions in this writ petition.

5. Since the relief sought for by the petitioner cannot be granted by this Court, due to the observations made by this Court earlier in this order, this Court is not entertaining this writ petition.

6. Accordingly, this writ petition is disposed of by granting liberty to the petitioner to launch an independent criminal prosecution before the concerned police if so advised as against the respondents 4 to 6, who according to the petitioner have executed fraudulent documents in the manner known to the petitioner under law by lodging a police complaint before the appropriate

police. No Costs.

27-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab

To 1.The Inspector General Of Registration Registration department, No. 100, Santhome High Road, Pattinapakka, Foreshore Estate, Chennai 28 2.The District Registrar Registration department, District Registrar office Tambaram, No. 117 Venkatesan Street, Tambaram West, Chennai 45 3.The Sub Registrar Sub Registrar office Tambaram, Sembakkam, Rajakilpakkam, Chennai

ABDUL QUDDHOSE J.

ab AND WMP NO. 17473 OF 2026 27-04-2026