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Madras High CourtWP/18535/2024dismissed

N.Yasmine Begame v. The Inspector General Of Registration -Cum

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.18535 of 2024 N.Yasmine Begame through her Power Agent N.Abdul Mohsin .. Petitioner

Versus

1. The Inspector General of Registration, Secretary [Revenue], Puducherry.

2. The District Registrar, Puducherry District, Puducherry.

3. The Sub Registrar, Office of the Sub Registrar, Villianur, Puducherry.

4. The Sub Registrar [Administration], Puducherry.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to Call for the records of the proceeding of the fourth respondent in No. 4225/P-141/DRP/2023/1008/ 1035 dated 21.12.2023 quash the same and consequently direct the respondents to dispose the representation of the petitioner dated 07.11.2023 under section 83(1) of the Registration Act 1908. 1/5

For Petitioner : Mr.S.P.Sudalaiandi For Respondents : Ms.V.Usha Additional Government Pleader [Pondy]

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 quash the proceeding of the fourth respondent in No. 4225/P-141/DRP/2023/1008/1035 dated 21.12.2023 and consequently direct the respondents to dispose the representation of the petitioner dated 07.11.2023 under section 83(1) of the Registration Act 1908.

3. Heard learned counsel for the petitioner and the learned Additional Government Pleader [Pondy] appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that he has appointed one K.Kumar as her power agent on 22.07.2021. The further case of the petitioner the said power agent on the basis of the Power of Attorney executed by the petitioner, obtained bogus life certificate of the petitioner and sold the property 8 2/5

individuals. Therefore, it is her contention that those documents are fraudulent documents and it has to be enquired and action has to be taken by the registering authorities. In this regard, the petitioner has given a representation to the fourth respondent. But the fourth respondent has rejected the representation of the petitioner. Challenging the same, the present Writ Petition has been filed.

5. I have perused the affidavit filed along with the Writ Petition and the representation given by the petitioner. The very act of execution of the Power of Attorney in favour of one Kumar has not been disputed. Similarly, it the contention of the petitioner that during her life time, the power agent has dealt with the property on the basis of the Power of Attorney executed in his favour. In such view of the matter, it is for the petitioner to seek cancellation of the document in the manner known to law and not by giving a complaint to the registering authorities. Hence, I do not find any merits in this Writ Petition.

6. Accordingly, this writ petition is dismissed. No costs. 08.07.2024 vrc Index :Yes/No 3/5

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.

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N. SATHISH KUMAR , J.

vrc W.P.No.18535 of 2024 08.07.2024 5/5