Mylsamy.K v. The Deputy Inspector General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2016
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.36742 of 2016 Mylsamy.K, .. Petitioner Vs.
1.The Deputy Inspector General of Registration Ramanathapuram Sowripalayam Pirivu, Coimbatore - 641 045.
2.The District Registrar,(Admin), No.3, Vignesh Complex, 1st Floor, Tiruppur East, Tiruppur-641 607.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 2nd respondent to dispose of the petitioner's complaint dated 19.09.2016 in the light of the circular issued by the Inspector General of registration in Circular No.67 dated 03.11.2011 in C.No.52338/C1/2011.
For Petitioner :
Mr.M.R.Thangavel For RR 1 & 2 :
Mr.A.N.Thambi Durai,Spl.GP
ORDER
Heard the learned counsel for the petitioner and Mr.A.N.Thambi Durai, learned Special Government Pleader who accepts notice on behalf of the respondents 1 and 2 and with the consent on either side, the writ petition is taken up for final disposal. The case of the petitioner is that his maternal grandfather, viz., Kuppusamy Gounder, partitioned his properties between himself and his two sons vide a Registered Partition Deed dated 04.09.1964. Subsequently, the said Kuppusamy Gounder executed a Will dated 06.06.1985, bequeathing certain properties in favour of his son Duraisamy and since the said Duraisamy was acting against the wishes of his father Kuppusamy Gounder, Kuppusamy Gounder executed a subsequent Will dated 25.05.1995 in favour of the petitioner and three others, viz., C.Kanagaraj, s/o.Chidambarasamy Gounder ; S.Subramanaim, S/o.Sundaramoorthy ; and S.Seethalakshmi, W/o.Shanmugam. Subsequent to the death of
petitioner's maternal grandfather on 21.11.1995, the petitioner purchased the shares of C.Kanagaraj, s/o.Chidambarasamy Gounder ; S.Subramanaim, S/o.Sundaramoorthy ;
and S.Seethalakshmi, W/o.Shanmugam under a Will and the petitioner thus, became the absolute owner of the property. While so, Duraisamy, son of Kuppusamy Gounder, started interfering with the peaceful possession of the petitioner and hence, the petitioner filed a suit in OS.No.108/2002 on the file of the District Munsif, Kangayam seeking for declaration of title and for consequential permanent injunction. The said suit was dismissed vide judgment dated 12.02.2007 and the subsequent appeal filed in AS.No.21/2007 on the file of the learned Additional District Judge, Fast Track Court, Dharapuram, was also dismissed vide judgment and decree dated 17.04.2008 and the second appeal in SA.No.1572/2008 on the file of this Court is pending. It is the case of the petitioner that pending second appeal, the said Duraisamy died on 25.02.
2012 and the wife of Duraisamy pre-deceased him and they have no issues. When that being the position, to the shock and surprise of the petitioner, the learned counsel who appeared on behalf of the said Duraisamy, vide his communication dated 19.06.2012 had informed the petitioner that Duraisamy had left behind a Will dated 26.08.2009, thereby bequeathing the suit schedule properties in favour of one K.Prabhukumar, son of C.Kanagaraj. Copies of the Death Certificate of Duraisamy and the Will dated 26.08.2009 were also served on the petitioner. Hence, the petitioner filed MP.NO.1/2013 in SA.No.1572/2008 to implead the said Prabhukumar as a party respondent and the same was also ordered by this Court vide order dated 18.07.2013. Subsequently, the petitioner on coming to know that the Will dates 26.08.
2009 was not registered in the manner known to law, lodged a complaint dated 19.09.2016 to the 1st respondent detailing all the allegations, through RPAD, and also brought to the notice of the 1st respondent about the Circular No.67 dated 03.11.2011 issued by the Inspector General of Registration, Chennai, in particular, the direction given to all the District Registrars concerned, to enquire into such complaints and to complete the enquiry within a period of two months and to file a First Information Report, if the complaint is proved to be true and if the registration of the document is fraudulently done. The said complaint dated 19.06.2016 was also forwarded by the 1st respondent to the 2nd respondent for appropriate action.
Since the said representation is not disposed of till date, the petitioner is before this Court with the present writ petition. This Court, taking into consideration, the limited scope of prayer sought for by the petitioner and in the light of the above facts and circumstances and without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioner's complaint dated 19.09.2016 in the light of the Circular No.67, dated 03.11.2011, issued by the Inspector General of Registration, Chennai and pass orders as expeditiously as possible and communicate the decision taken, to the petitioner.
The writ petition stands disposed of with the above direction. No costs.
AP Sd/- Assistant Registrar (CCC) /TRUE COPY/ Sub-Assistant Registrar To 1.The Deputy Inspector General of Registration Ramanathapuram Sowripalayam Pirivu, Coimbatore - 641 045.
2.The District Registrar,(Admin), No.3, Vignesh Complex, 1st Floor, Tiruppur East, Tiruppur-641 607.
+1CC to MR.THANGAVEL Advocate SR.NO.59215 +1CC to Govt Pleader SR.NO.60202 WP.No.36742/2016 NM[CO] MK:18/11/2016