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Madras High CourtWP/17513/2024dismissed

R.Selvi, v. The Inspector General Of Registration,

2024-07-08Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.17513 of 2024 R.Selvi .. Petitioner

Versus

1. The Inspector General of Registration, 100, Santhome High Road, Santhome, Chennai - 600 028. Cuddalore, Cuddalore District.

2. The Deputy Inspector General of Registration, Chengalpet.

3. The District Registrar, Tambaram.

4. The Sub Registrar, Tambaram.

6. The Sub Registrar, Guduvanchery.

7. D.Prabakaran

8. D.Madan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to dispose of the representation dated 03.04.2024 submitted for initiation of appropriate action in respect of registration of documents by way of deed of Settlements dated 22.03.2024 bearing Doc. No. 2125 of 2024 before the fourth respondent 1/5

herein and doc. No. 4626 of 2024 before the 5th respondent herein as null and void.

For Petitioner : Mr.L.Dhamodharan For Respondents : Mr.M.Shajahan Special Government Pleader - R1 to R5 Mr.Benitic Vincent - R6 & R7

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed to direct the third respondent to dispose of the representation dated 03.04.2024 submitted for initiation of appropriate action in respect of registration of documents by way of deed of Settlements dated 22.03.2024 bearing Doc. No. 2125 of 2024 before the fourth respondent herein and doc. No. 4626 of 2024 before the 5th respondent herein as null and void.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 5 and the learned 2/5

counsel appearing for the fifth and sixth respondents and perused the materials available on record.

4. The case of the petitioner is that the sixth and seventh respondents are the elder and younger brother of the petitioner. When the petitioner's father was hospitalized and admitted in ICU and not in a position to execute any document, the six and seventh respondents got executed the settlement deed dated 22.03.2024 in their favour. In this regard, the petitioner has given a representation to the respondents for conducting enquiry and take action on the representation of the petitioner. Since, the respondents 1 to 5 have not taken any action on the representation of the petitioner, the present Writ Petition.

5. At the outset, this Court is of the view that those issues cannot be gone into by the registering authorities. Whether the documents executed have been executed in collusion with the registering authorities or not can be decided only on evidence before the Civil Court and not by giving a representation to the registering authorities. Hence, I do not find any merits in this Writ Petition.

6. Accordingly, this writ petition is dismissed. No costs. 3/5

08.07.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Inspector General of Registration, 100, Santhome High Road, Santhome, Chennai - 600 028. Cuddalore, Cuddalore District.

2. The Deputy Inspector General of Registration, Chengalpet.

3. The District Registrar, Tambaram.

4. The Sub Registrar, Tambaram.

6. The Sub Registrar, Guduvanchery.

4/5

N. SATHISH KUMAR , J.

vrc W.P.No.17513 of 2024 08.07.2024 5/5