Mrs.Chandralekha Kuppurajan, v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.22559 of 2016
1. Chandralekha Kuppurajan
2. Kandakumar
3. Shanmughavalli Vijayachander
4. Shanmughapriya Anandraj
5. B.Padmavathy
6. Chandru
7. Lakshmi Priya
8. B.Narendran
9. Devaki 10.Chandru 11.Suresh 1/10
12. Rajalakshmi
13. Sundari Arumugam
14. Kasthuri Meganathan
15. Krishnakumar Manickam
16. Menaka Shanmugasm
17. Shankari Prakasam
18. Ramkumar Prakasam
19. Parvathy Rajasekaran
20. Shanthi Hari
21. Anuradha Balu
22. S.Jayakumar
23. S.Gunasekaran . . . Petitioners Vs.
1. The Inspector General of Police, No.100, Santhome High Road, Chennai-600 028.
2. The District Registrar (South), Office of the Registration Department, 2nd Floor, Jeenis Road, Saidapet, Chennai- 600 015.
3. The Sub Registrar, Padappai No.2/606, Illagi Nagar, 2/10
Padappai Main Road, Padappai, Chennai-601 301.
4. The Sub-Registrar, Mylapore.
5. The Sub-Registrar, Pallavaram
6. Inspector of Police, Central Crime Branch, Chennai Suburban Police, Chennai-600 016.
7. The Inspector of Police, Perungalathur, Chennai
8. The Collector, Kancheepuram
9. The District Revenue Officer, Kancheepuram 10.The Revenue Divisional Officer, Kancheepuram 11.The Tahsildar Kancheepuram
12. The Deputy Tahsildar Tamabaram Taluk, Kancheepuram District.
13. G.Gengusamy 14.Nirmala 3/10
15. Aravind Srinivasan
16. R.Delhibabu
17. M.Narayanasamy 18.Kuberayogeswaran 19.V.Mahendran 20.Mr.Somasundaram 21.Kasthuri Ganapathy
22. Gowri 23.Ramkumar
24. Devishree Nandakumar
25. Kanchana Ponnusamy
26. Prema Selvaraj . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents 3 to 5 to cancel the following documents duly registered before them: i) Alleged Sale Deed dated 31.12.2004 vide Doc.No.151/2005, DRO, Padappai, the 3rd Respondent herein ii) Alleged Sale Deed dated 04.10.2006 vide Doc.No.6059/2006, SRO, Padappai, the 3rd Respondent herein. iii) Alleged Sale Deed dated 18.05.2007 vide Doc.No.3867/2007, SRO, Padappai, the 3rd Respondent 4/10
herein. iv) Alleged Sale Deed dated 24.08.2007 vide Doc.No.6183/2007, SRO, Padappai, the 3rd Respondent herein. v) Alleged Sale Deed dated 24.08.2007 vide Doc.No.6184/2007, SRO, Padappai, the 3rd Respondent herein. vi) Alleged Sale Deed dated 20.01.2005 vide Doc.No.52/IV/2005, SRO, Padappai, the 4th Respondent herein. vii) Alleged Sale Deed dated 29.03.2006 vide Doc.No.648/IV/2006, SRO, Padappai, the 5th Respondent herein and consequently delete the entries in the records maintained by them, based on the petitioners' complaint dated 15.12.2014 vide Ref.No.17/413/A1/4 in view of the Circular No.67 dated 03.11.2011. For Petitioner : Mr.M.Arun Kumar for M/s.Sampathkumar and Associates.
For Respondents : Mr. Yogesh Kannadasan, Special Government Pleader for R1 to R12 : M/s. S.S.Madhavan for R15 : M/s. Paul & Paul for R16 : Mr. B. Kalyanasundaram for R17 : Mr.P.Suresh Babu for R20, R22, R23 & R24 : Mr.K.A.Mariappa for R21
ORDER
The present petition has been filed seeking a direction to respondents 1 to 5 to cancel the following documents duly registered before them: i) Alleged 5/10
Sale Deed dated 31.12.2004 ii) Alleged Sale Deed dated 04.10.2006 iii) Alleged Sale Deed dated 18.05.2007 iv) Alleged Sale Deed dated 24.08.2007 v) Alleged Sale Deed dated 24.08.2007 vi) Alleged Sale Deed dated 20.01.2005 vii) Alleged Sale Deed dated 29.03.2006 registered in favour of the private respondents and a direction to delete the entries made in the records on the file of the respondents, in view of the Circular No.67 dated 03.11.2011, based on the complaint dated 15.12.2014 made by the petitioners.
2. When the matter is taken up for hearing, learned counsel for the petitioners submitted that, though the present petition has been filed, seeking to cancel the aforesaid documents on the basis of Circular No.67 dated 03.11.2011, however, the said circular, which was issued by the Inspector of General of Registration itself was withdrawn on 20.10.2017 and the same is not in force as on date. In view of the same, the petitioners may be permitted to file appropriate application under Section 62 of the Registration Act, before the District Registrar for cancellation of the aforesaid documents. 6/10
3. Learned Special Government Pleader appearing for Respondents 1 & 2 and the learned counsel appearing for the private respondents have no objection to the said order being passed.
4. In view of the above submission made by the learned counsel for the petitioner, the said Circular itself having been withdrawn and the same being not in force as on date, this Court is inclined to permit the petitioners to file appropriate application before the District Registrar within a period of two weeks from the date of receipt of a copy of this order. If any such application is filed, the District Registrar concerned is directed to pass appropriate orders on the same in accordance with law, within a period of twelve weeks thereafter.
5. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs. Consequently, the connected Miscellaneous Petition is closed.
02.08.2022 NHS 7/10
To
1. The Inspector General of Police, No.100, Santhome High Road, Chennai-600 028.
2. The District Registrar (South), Office of the Registration Department, 2nd Floor, Jeenis Road, Saidapet, Chennai- 600 015.
3. The Sub Registrar, Padappai No.2/606, Illagi Nagar, Padappai Main Road, Padappai, Chennai-601 301.
4. The Sub-Registrar, Mylapore.
5. The Sub-Registrar, Pallavaram
6. Inspector of Police, Central Crime Branch, Chennai Suburban Police, Chennai-600 016.
7. The Inspector of Police, Perungalathur, Chennai
8. The Collector, Kancheepuram
9. The District Revenue Officer, 8/10
Kancheepuram 10.The Revenue Divisional Officer, Kancheepuram 11.The Tahsildar Kancheepuram
12. The Deputy Tahsildar Tamabaram Taluk, Kancheepuram District.
9/10
M.DHANDAPANI, J.
NHS 02.08.2022 10/10