Sakamuri Rajagopal v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.18896 of 2023 Sakamuri Rajagopal ... Petitioner vs.

1. The Inspector General of Registration Registration Department, Santhome High Road, Foreshore Estate, Chennai.

2. The District Registrar(Admin), Tiruvallur District, Uthukottai Road, Vetanginallur Village, Balind ICMR, Tiruvallur.

3. The Sub Registrar Ponneri, Office of The Sub Registrar, Ponneri Taluk, Tiruvallur District.

4. Mr. P. Ragunathan

5. Mr. P. Pratap 1/6

6. R.Thanushika

7. Mrs. Usha

8. Mrs. Sandhiya

9. Mr. R. Rajesh

10. Mrs. R.Priyanka ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, direct the 2nd respondent in taking action upon the complaint dated 09/03/2023 under Sections 68(2) and 77A of the registration Act with respect to the property measuring an extent of acre 3.47 cents in Survey No.434/1(434/1B1A1A) of Ponneri II Village, Ponneri Taluk and cancel the settlement deeds bearing documents numbers 2598/2019, 6662/2019, 3161/2019, 1999/2020, 5352/2020, 5353/2020 and 3872/2020, Power of Attorney bearing documents no.44/2020 and Sale Deed bearing document No.5819/2020 and to lodge a complaint for the fraud and forgery committed upon the office. For Petitioner : Mr.M.L.Ramesh For Respondents :

(for R1 to R3) : Mr.D.Ravichander, Spl.G.P.

O R D E R

The relief sought for in the writ petition is to direct the 2nd respondent in taking action upon the complaint dated 09/03/2023 under 2/6

Sections 68(2) and 77A of the registration Act with respect to the property measuring an extent of acre 3.47 cents in Survey No.434/1(434/1B1A1A) of Ponneri II Village, Ponneri Taluk and cancel the settlement deeds bearing documents numbers 2598/2019, 6662/2019, 3161/2019, 1999/2020, 5352/2020, 5353/2020 and 3872/2020, Power of Attorney bearing documents no.44/2020 and Sale Deed bearing document No.5819/2020 and to lodge a complaint for the fraud and forgery committed upon the office.

2.The issues raised in the present writ petition were adjudicated by this Court in a batch of writ petitions in W.P.Nos.4192 of 2018 & etc., 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 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 3/6

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 Public Administration."

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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. Consequently, connected miscellaneous petition is closed.

(sha) 04.07.2023 Index : Yes Speaking Order To

1. The Inspector General of Registration Registration Department, Santhome High Road, Foreshore Estate, Chennai.

2. The District Registrar(Admin), Tiruvallur District, Uthukottai Road, Vetanginallur Village, Balind ICMR, Tiruvallur.

3. The Sub Registrar Ponneri, Office of The Sub Registrar, Ponneri Taluk, Tiruvallur District.

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S.M.SUBRAMANIAM . J., (sha) 04.07.2023 6/6