Mrs.Jayalakshmi v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Mrs.Jayalakshmi ... Petitioner Vs.

1. The Inspector General of Registration, Santhome High Road, Raja Annamalai Puram, Chennai 600028.

2. The District Registrar, (Administration) Thiruvallur.

3. The Sub - Registrar, Manavalanagar, Thiruvallur.

4. M.Elumalai

5. G.Krishana Moorthy

6. Anisetty Chaithanya Swamy

7. G.Willington Prabhu

8. D.Ramadass

9. Sagayaraj Kantham ... Respondents 1/4

Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in Letter No. 1931 / AA2 / 2021 dated 26.03.2021 and quash the same and direct the 2nd Respondent to conduct enquiry and initiate criminal actions against respondents 4 to 9. For Petitioner : Mr.J.S.Arun Kumar For Respondents :

(for R1 to R3) : Mr.T.Venkatesh Kumar Special Government Pleader (for R5, R7 & R8) : No Appearance (for R4, R6 & R9) : Not ready in Notice

O R D E R

The order passed by the District Registrar in proceeding dated 26.03.2021, under Section 77-A of the Registration Act is under challenge in the present writ petition.

2. The petitioner filed a complaint to cancel the sale deeds registered in the year 2007. The District Registrar followed the procedures for registering the disputed document in the year 2007 and held that no fraud or impersonation has been committed. Accordingly the petition filed by the petitioner was rejected. If at all the petitioner is aggrieved by the 2/4

order passed by the District Registrar under Section 77-A of the Act, she is at liberty to file an appeal under Section 77-B of the Act. However, the petitioner has chosen to file the present writ petition.

3. With reference to the disputed facts, the High Court cannot conduct a roving inquiry. Exhausting the appellate remedy is of paramount importance. More so, the disputed sale deed was of the year 2007 and the procedures followed for registering documents was scrutinised by the District Registrar by conducting summary proceedings. This being the factum, the petitioner is at liberty to prefer an appeal under Section 77-B of the Registration Act in the manner known to law.

4. With these observations, the writ petition stands dismissed. No costs.

(sha) 31.07.2023 Index : Yes Speaking Order 3/4

S.M.SUBRAMANIAM . J., (sha) To

1. The Inspector General of Registration, Santhome High Road, Raja Annamalai Puram, Chennai 600028.

2. The District Registrar, (Administration) Thiruvallur.

3. The Sub - Registrar, Manavalanagar, Thiruvallur.

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