Prema v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Prema ... Petitioner vs.
1. The District Registrar, South Chennai Registration District, District Registration Office, Nanthanam Chennai-35
2. The Sub Registrar, Tambaram Sub-Registration District, Kanchipuram District.
3. The Sub Registrar, Guduvancheri Sub Registration District, Kanchipuram District.
4. J.Prema (Impersonating Person)
5. J.Srinivasan ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, against the 1st respondent to consider the representation given on 03.01.2023 under Section 77A of the Registration act to cancel the fraudulent document registered under impersonation, before the 3rd respondent as Document No.10510/ 2017 on 1/6
09.10.2017 without quoting any previous document, against the property of the petitioner located in Survey No.128/47 (Old Survey No. 109/1 ) as Plot No.882, in Madurai Meenakshipuram, Ayyancherry Village, Kanchipuram District (then Chengalpet District ) for an extent of 1800 square feet, and to disburse the same within a time frame limit as may be fixed by this Hon'ble Court.
For Petitioner : Mr.R.Venkatesan For Respondents :
(for R1 to R2) : Mr.C.Jaya Prakash, Govt.Advocate
O R D E R
The relief sought for in the writ petition is to direct the 1st respondent to consider the representation given on 03.01.2023 under Section 77A of the Registration act to cancel the fraudulent document registered under impersonation, before the 3rd respondent as Document No.10510/ 2017 on 09.10.2017 without quoting any previous document, against the property of the petitioner located in Survey No.128/47 (Old Survey No. 109/1 ) as Plot No.882, in Madurai Meenakshipuram, Ayyancherry Village, Kanchipuram District (then Chengalpet District ) for an extent of 1800 square feet, and to disburse the same within a time frame limit as may be fixed by this Hon'ble Court. 2/6
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 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. 3/6
(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."
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.
(sha) 03.07.2023 Index : Yes Speaking Order 4/6
To
1. The District Registrar, South Chennai Registration District, District Registration Office, Nanthanam Chennai-35
2. The Sub Registrar, Tambaram Sub-Registration District, Kanchipuram District.
3. The Sub Registrar, Guduvancheri Sub Registration District, Kanchipuram District.
5/6
S.M.SUBRAMANIAM . J., (sha) 03.07.2023 6/6