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Madras High CourtWP/27269/2021disposed of

A.R.Ilavarasan Inbakumar v. The Inspector General Of Registrations,

2021-12-22Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.27269 of 2021 A.S.A.Gangatharan Rep.by Power of Attorney A.R.Ilavarasan Inbakumar ... Petitioner Vs

1. The Inspector General of Registrations, O/o.The Inspector General of Registrations, Santhome, Chennai - 600 028.

2. The Sub-Registrar, Kundrathur Sub-Registrar's Office, Kundrathur - 600 069.

3. G.Sivakumar

4. M.Siva

5. R.Davendran

6. D.Kalaivani

7. K.Karuppasamy

8. K.Navaneetha .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents to conduct enquiry with regard to the petitioner's complaints dated 21.04.2017 & 23.05.2017 and cancel the fake registrations executed by the fourth and fifth respondents in Document Nos.3003/2017, 3545/2017 & 11746/2017 on the file of the second respondent. For Petitioner : Mr.Thanjai P.N.Chezhian 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 first and second respondents to conduct enquiry with regard to the petitioner's complaints, dated 21.04.2017 &

23.05.2017 and cancel the fake registrations executed by the fourth and fifth respondents in Document Nos.3003/2017, 3545/2017 & 11746/2017 on the file of the second respondent.

2. The petitioner purchased the properties bearing Plot No.53, comprised in S.Nos.546/3, 547/3, 547/4, bearing Patta Nos.90, 235 and 94, ad-measuring an extent of 2664 sq.ft and Plot No.74, comprised in S.Nos.546/3, 547/3, bearing Patta Nos.99, 235, ad-measuring 2605 sq.ft, both situated at No.74, Kundrathur Village, Sriperumbudur Taluk, Kancheepuram District, from M/s.South Chennai Co-operative Housing Society Limited, by registered sale deed dated 15.07.2005, vide Document Nos.6343/2005 & 6344/2005 on the file of the second respondent. Due to avocation, the petitioner went to Dubai and utilizing the said circumstances, the third respondent impersonated, as if he is son of the petitioner and executed the sale deeds in favour of the fourth to eighth respondents. Immediately, after coming to know about the fraudulent sale deed, the petitioner lodged a complaint before the first and second respondents herein. However, the petitioner failed to lodge a complaint before the concerned District Registrar.

3. Considering the above facts and circumstances of the case, the petitioner is directed to lodge a fresh complaint before the jurisdictional District Registrar within a period of two weeks from the date of receipt of a copy of this order. On receipt of a the same, the concerned District Registrar is directed to conduct enquiry, after issuance of notice to the petitioner and the respondents 3 to 8 herein and after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above directions, this Writ Petition is disposed of. No costs.

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

1. The Inspector General of Registrations, O/o.The Inspector General of Registrations, Santhome, Chennai - 600 028.

2. The Sub-Registrar, Kundrathur Sub-Registrar's Office, Kundrathur - 600 069.

+1cc to the Government Pleader, S.R.No.69788 W.P.No.27269 of 2021 PVS(CO) SU(12/01/2022)