M/S.Southern Television Pvt v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2018
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.3398 of 2016 M/s.Southern Television Pvt.Ltd., Rep. by its authorized signatory A.Manogaran Shop No.6, Rayala Towers, No.781-785, Anna Salai, Chennai - 600 003.
... Petitioner Vs
1. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.
2. The Sub-Registrar, Redhills Sub-registrar Office, No.44/5, Vallalar Street, Near Old Redhills, Chennai - 600 052.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for an issuance of Writ of Mandamus, directing the respondents 1 and 2 in particular, the second respondent to consider and dispose the representation of the petitioner herein dated 31.12.2015 from registering any kind of deeds presented for registration except by the petitioner herein who is the lawful owner of the property situated at No.52, Puzhal Village, Gandhi Road comprised in survey numbers 192/3 and 192/4 Tiruvallur District, in order to avoid the multiplicity of the fake documents.
For Petitioner : Mr.J.D.Srikanth Varma For Respondents : Mr.T.M.Pappiah, Special Government Pleader, for R1 and R2.
ORDER
The relief sought for in this Writ Petition is for a direction to direct the respondents 1 and 2 in particular, the second respondent, to consider and dispose of the representation of the petitioner herein, dated 31.12.2015 from registering any kind of deeds presented for registration except by the
petitioner herein, who is the lawful owner of the property situated at No.52, Puzhal Village, Gandhi Road comprised in survey numbers 192/3 and 192/4 Tiruvallur District.
2. The grievances of the Writ Petitioner are that some fraudulent registrations are done before the 2nd respondent/SubRegistrar in respect of the land, belongs to the Writ Petitioner. In this regard, the Writ Petitioner submitted a representation to the 2nd respondent, not to register any such fraudulent registrations.
3. However, no action has been taken by the Sub-Registrar. In this regard, the Writ petitioner has submitted an application to the District Registrar also and the same is also not enquired. Thus, the Writ Petitioner has constrained to move this Writ Petition.
4. The Inspector General of Registration, issued a circular in Letter No.41530/UI/2017, dated 31.07.2017, directing the District Registrar to conduct an enquiry in respect of fraudulent registrations and other related allegations. In the present case on hand, in relation to the fraudulent registration, the said property belongs to the Writ petitioner. Thus, the competent District Registrar concerned, is directed to conduct an enquiry by providing opportunities to all the parties concerned and take a decision and pass orders on merits and in accordance with law.
5. In this regard, the Writ Petitioner is permitted to submit a fresh representation, setting out all his grievances along with documents, to the District Registrar of North Chennai, within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such application/complaint from the Writ Petitioner, the District Registrar, North Chennai, is directed to conduct an enquiry by affording an opportunity to all the parties concerned and pass order on merits in accordance with law, within a period of 12 weeks thereafter.
6. The Registry is directed to communicate the copy of the order to the District Registrar of North Chennai. Hence, the Writ Petition stands disposed of. No Costs.
-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar ay/gbi
To
1. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.
2. The Sub-Registrar, Redhills Sub-registrar Office, No.44/5, Vallalar Street, Near Old Redhills, Chennai - 600 052.
3. The District Registrar of North Chennai, Chennai.
+1 CC to Mr.J.D.Srikanth Varma, Advocate sr 59961. +1 CC to Govt. Pleader sr 60658.
W.P.No.3398 of 2016 SP(14/09/2018)