R.Natarajan v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM:

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P. No.22381 of 2021 R. Natarajan, ... Petitioner -Vs1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar, Ariyalur District, Ariyalur.

3. The Sub-Registrar, Sendhurai Sub Registrar Office, Sendhurai, Ariyalur District.

4. Mrs. Malarkodi, ... Respondents PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for to issue Writ of Mandamus directing 2nd respondent herein to consider and pass order on the petitioner's representation dated 11.08.2021 which is seeking cancellation of fraudulent registration and other encumbrance entries in Sale Deed dated 26.04.2010 in Document No.1233/2010 on the file of the Sub-Registrar Officer, Senthurai in the light of Circular No.20217/U1/2021 dated 09.07.2021 issued by the 1st respondent and pass appropriate orders accordingly.

For Petitioner :: Mr. R.Senthuvarayar For Respondents 1 to 3 :: Mr. Yogesh Kannadasan (Government Advocate) * * * * *

O R D E R

This Writ Petition has been filed under Article 226 of the Constitution of India, praying for to issue Writ of Mandamus 2nd respondent herein to consider and pass order on the petitioner's representation dated 11.08.2021 which is seeking cancellation of fraudulent registration and other encumbrance entries in Sale Deed dated 26.04.2010 in Document No.1233/2010 on the file of the Sub-Registrar Officer, Senthurai in the light of Circular No.20217/U1/2021 dated 09.07.2021 issued by the 1st respondent and pass appropriate orders accordingly.

2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3 as well as perused the material available on records.

3. Having considering the facts and circumstances of the case and the submissions of the learned counsel on either side, it is seen that by impersonating the petitioner's signature, a Sale Deed dated 26.04.2010 in Document No.1233/2010 on the file of the SRO, Sendhurai was executed in favour of the 4th respondent herein. In this regard, during the pendency of a Criminal case, against the 4th respondent and 7 others punishable U/s.420 of IPC, the finger print report filed by the Finger Print Bureau makes clear that the finger print of the petitioner has been personated by the 4th respondent herein. Under such circumstances, the 4th respondent has obtained Joint Patta in her name for the said property. In the meanwhile, the petitioner has filed a suit in O.S. No.

503 of 2019 on the file of the District Magistrate Court, Senthurai against the 4th respondent and others. While beings so, the petitioner has made representation dated 11.08.2021 to the respondents 1 to 3 herein to cancel the fraudulent registration of Sale Deed dated 26.04.2010 in Document No.1233/2010 on the file of the SRO, Sendhurai as per Circular No.20217/U1/2021 dated 09.07.2021. The said representation is neither been considered nor passed any order till date. Hence, this Court without expressing any opinion with regard to the merits of the case, directs the respondents 1 to 3 to consider the petitioner's representation dated 11.08.

2021 as per the directions of the Madurai Bench of this Court and pass appropriate orders on it within a period of eight weeks from the date of receipt of copy of this order in accordance with law after affording sufficient opportunity to the petitioner herein.

4. In the result, the Writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed if any. There shall be no order as to costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Lbm To:

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar, Ariyalur District, Ariyalur.

3. The Sub-Registrar, Sendhurai Sub Registrar Office, Sendhurai, Ariyalur District.

+1 cc to Mr.R.Senthuvarayar, Advocate Sr.NO. 54033 W.P. No.22381 of 2021 svi(CO) A.SK(21.12.2021)