R.B.Ramesh v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.27362 of 2021 R.B.Ramesh

...Petitioner

Vs

1. The Inspector General of Registration, 100, Santhome High Road, Pattinappakkam, Chennai - 600 028.

2. The Sub-Registrar, O/o.The SRO, Velacherry, Chennai - 600 042.

3. M.Balakrishnan

4. Rani Ammal @ Arul Prema Rani

5. R.B.Rajesh

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents in particularly the first and second respondents to consider the written representation dated 13.11.2021 to direct to conduct enquiry and if it is found to be a fraudulent activities refer the same to the police department for criminal action for the personal interest of the second respondent and not accepted the objection raised by the petitioner on the settlement date.

For Petitioner : Mr.M.Tamilpriyan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader (for R1 & R2)

ORDER

This writ petition is filed to issue a Writ of Mandamus, to direct the respondents particularly, the first and second respondents to consider the written representation dated 13.11.2021 and direct to conduct enquiry and if it is found to https://hcservices.ecourts.gov.in/hcservices/

be fraudulent activity, refer the same to the Police department for criminal action for the personal interest of the second respondent and not accepted the objection raised by the petitioner on the settlement date.

2.The petitioner's mother purchased the property situated at D.No.44, 2nd Cross Street, Kakkan Nagar, Adambakkam, Chennai. Thereafter, the said property was divided into three Plots, as Plot No.31 which was allotted to his mother and Plot No.32 which was allotted to his brother, viz., the fifth respondent herein and the Plot No.32A was allotted to the petitioner. Thereafter, the petitioner's mother executed a settlement deed in favour of the fifth respondent herein on 21.10.2021. In turn, the fifth respondent executed a sale deed in favour of the third and fourth respondents herein. Hence, the petitioner lodged a complaint, as if the fifth respondent had fraudulently executed the sale deed in favour of the respondents 3 and 4.

3. As stated supra, admittedly, the property belonged to his mother and the share of which was allotted in favour of his mother and it settled by his mother in favour of the fifth respondent being another son. It seems that there is property dispute between the petitioner and his family members. Therefore, this writ petition is devoid of merits and it is liable to be dismissed.

4. Accordingly, this Writ Petition is dismissed. However, the petitioner is at liberty to approach the Civil Court for appropriate relief. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kv To

1. The Inspector General of Registration, 100, Santhome High Road, Pattinappakkam,Chennai - 600 028.

2. The Sub-Registrar, O/o.The SRO,Velacherry, Chennai - 600 042.

+1cc to Mr.G.Anbalagan, Advocate, S.R.No.68868 +1cc to the Government Pleader, S.R.No.69792 W.P.No.27362 of 2021 NRL(CO) RGA(11/01/2022) https://hcservices.ecourts.gov.in/hcservices/