U.Mahalakshmi v. The Inpector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.18159 of 2020 U. Mahalakshmi ...Petitioner Vs.

1. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai 600 004.

2. The District Registrar (Admin.) Office of the District Registrar (Admin) Chennai South, No.9, West Jones Road, Saidapet, Chennai 600 015.

3. The Sub Registrar, Office of the Sub Registrar, Thiruporur, Chengalpattu District 603 105.

4. Mrs.U. Mahalakshmi

5. Mr.Gunasekaran

6. Mr.Paramasivam

7. Mr.Thangaraj ..Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the second respondent to consider petitioner's representation dated 24.09.2020 sent to the second respondent to conduct an enquiry under section 68(2) of the Registration Act, 1908 relating to the Document registered as Document No.10379 of 2019 on 1.8.2019 on the file of the Third respondent as mentioned in the said petitioner's representation dated 24.9.2020 by respondents 4 to 7 and pass orders in accordance with law within a time stipulated by this Court and to record the said findings of the order of the second respondent in the relevant Index of Registers and copy of the said Document on the file of the third

respondent.

For Petitioner : Mr.Duraikkan S.Phillip For Respondents: Mr.T.M.Pappiah, Spl. Govt. Pleader

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the 2nd respondent to consider the representation made by the petitioner on 24.09.2020 and to pass orders strictly in accordance with law within the time limit prescribed by this court.

2. The case of the petitioner is that the subject property absolutely belongs to her and a General Power of Attorney came to be executed before the 3rd respondent by impersonating the petitioner and the document was also registered. The petitioner immediately on coming to know of the same, gave a complaint and the investigation is pending in this regard.

3. The petitioner therefore made a complaint before the 2nd respondent to conduct an enquiry under Section 68(2) of the Registration Act and take action against the impersonator and the persons who have forged and fabricated the document. Since the same was not considered, the present Writ Petition has been filed before this Court.

4. Heard Mr.Duraikkan S.Phillip, learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Govt. Pleader appearing for the respondents 1 to 3.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the 2nd respondent to immediately act upon the representation / complaint made by the petitioner on 24.09.2020 and conduct an enquiry by giving opportunity to the petitioner and other interested parties and pass orders strictly in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this

order.

6. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msr To

1. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai 600 004.

2. The District Registrar (Admin.) Office of the District Registrar (Admin) Chennai South, No.9, West Jones Road, Saidapet, Chennai 600 015.

3. The Sub Registrar, Office of the Sub Registrar, Thiruporur, Chengalpattu District 603 105.

+2cc's to Mr.Duraikkan S.Phillip, Advocate, sR40761 +1cc to The Government Pleader, SR40918 W.P.No.18159 of 2020 CO(KK) BDL/18/01/2021