Mrs. Veeralakshmi @ Shyamala v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.25427 of 2023 & W.M.P.No.24811 of 2023 Veeralakshmi @ Shyamala ... Petitioner Vs.
1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028. 2.The District, South Chennai Registration District, Saidapet, Chennai - 600 015.
3.The Sub-Registrar, Velacherry Registrar Office, Velacherry, Chennai. 4.A.Ramalingam 5.E.Dharanidaran 6.The Manager, State Bank of India, Regional Office No.86, Rajaji Salai, Chennai - 600 001.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to initiate appropriate action under section 77A of the Registration Act as per the complaint dated 21.06.2023 and cancel the fraudulent and forged sale deeds
dated 13.03.2023 and 19.04.2023 as registered in Document Nos.2026 and 3130 respectively on the file as Sub Registrar, Velacherry and the subsequent Mortgage Deed dated 19.04.2023 in Document No.3132 of 2023. For Petitioner : Mr.M.L.Ramesh For Respondents 1 to 3 : Mr.T.Arun Kumar, Additional Government Pleader
O R D E R
The relief sought for in the present writ petition is to direct the respondents 1 to 3 to initiate appropriate action under section 77A of the Registration Act as per the complaint dated 21.06.2023 and cancel the fraudulent and forged sale deeds dated 13.03.2023 and 19.04.2023 as registered in Document Nos.2026 and 3130 respectively on the file as Sub Registrar, Velacherry and the subsequent Mortgage Deed dated 19.04.2023 in Document No.3132 of 2023.
2. The issues raised in the present writ petition were adjudicated by this Court in a batch of writ petitions in W.P.No.4192 of 2018 [A.Selvam & another Vs. The Sub Registrar, Salem District] etc., and batch, and a judgment was delivered on 15.06.2023 and the relevant paragraphs of the judgment are extracted hereunder:
"33. In view of the facts and circumstances, the following orders are passed:
(i) In respect of the complaints pending before the District Registrars concerned and the appeals pending before the respective Appellate Authorities, the Inspector General of Registration shall direct all the authorities to follow Circular No.1/2023 dated 10.06.2023 strictly for the purpose of disposal of the complaints and the appeals in a consistent manner; (ii) The Inspector General of Registration is directed to incorporate the further clarifications as stated in this order and issue a fresh Circular within a period of two weeks from the date of receipt of a copy of this order;
(iii) The respondents are directed to relegate the parties to approach Civil Court of Law, in the event of disputed facts regarding civil rights exist between the parties. (iv) In the event of violation of the guidelines issued by the Inspector General of Registration or the directions issued by this Court or any other lapses, negligence or dereliction of duty is found while performing the duties by the authorities, departmental disciplinary proceedings are to be initiated under the relevant Service Rules.
(v) The Inspector General of Registration is directed to conduct periodical Reviews as warranted under the Rules of Public Administration."
3. In view of the fact that the case of the petitioner is also similar to that of the cases (cited supra), the case of the petitioner is also to be considered on the same line. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 29.08.2023 nl Index : Yes Speaking order
To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028. 2.The District, South Chennai Registration District, Saidapet, Chennai - 600 015.
3.The Sub-Registrar, Velacherry Registrar Office, Velacherry, Chennai.
S.M.SUBRAMANIAM, J.
nl 29.08.2023