A.S.Suganthi @ V.Sukanthi, v. The Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.S.Suganthi @ V.Sukanthi
...Petitioner
Versus
1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.
2.The District Registrar, District Registrar Office, Namakkal - 637 003.
3.The Sub Registrar, Tiruchengode, Namakkal - 637 211.
4.P.Sengodan 5.A.Se.Angkammal 6.A.S.Prabu
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 3 to consider the Representation of the petitioner dated 23.01.2025 and to commence prosecution as provided under Section 83 of the Registration Act, 1908.
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For Petitioner :
Mr.S.Ananth For Respondents - 1 to 3:
Mr.U.Baranidharan, Special Government Pleader For Respondents - 4 to 6:
Mr.T.N.Rangesh Kanna
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The relief sought in this writ petition is to direct the respondents 1 to 3 to consider the petitioner's Representation dated 23.01.2025 and to commence prosecution as provided under Section 83 of the Registration Act, 1908.
3. The learned counsel for the petitioner submitted that the petitioner and respondents 4 to 6 had started a partnership firm in the name and style of M/s.Sri SPK Real Estate and they executed a Partnership Deed dated 18.06.2023. While so, respondents 4 to 6 created a Reconstitution Deed of Partnership on 18.03.2023 as if the petitioner was expelled from the partnership firm and the said Reconstitution Deed of Partnership was registered as Document No.20 of 2023 on the file of 3rd respondent. That apart, without the knowledge of petitioner, respondents 4 to 6 had fabricated 2/6
the documents pertaining to the partnership firm and sold various property of the partnership firm.
3.1. It is further submitted by the learned counsel for the petitioner that aggrieved by the aforesaid fraudulent activities of respondents 4 to 6, petitioner gave a Representation dated 23.01.2025 to respondents 1 to 3, requesting to initiate action under Section 83 of the Registration Act, 1908 against the respondents 4 to 6. However, petitioner's Representation is still pending before the respondents 1 to 3.
4. The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the respondents 1 to 3 would consider the petitioner's Representation dated 23.01.2025 and pass appropriate orders, within a time frame to be fixed by this Court.
5. The above submission made by the learned Special Government Pleader for the respondents 1 to 3 has been fairly conceded by the learned counsel for the petitioner.
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6. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The respondents 1 to 3 shall consider the petitioner's Representation dated 23.01.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and respondents 4 to 6, within a period of sixteen weeks from the date of uploading of web copy of this order without waiting for the receipt of certified copy of this order. (ii) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. (iii) It is open to the petitioner and respondents 4 to 6 to produce any material documents in support of their rights and contentions before the respondents 1 to 3. No costs.
12.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6
To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.
2.The District Registrar, District Registrar Office, Namakkal - 637 003.
3.The Sub Registrar, Tiruchengode, Namakkal - 637 211.
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MOHAMMED SHAFFIQ, J.
mrr 12.08.2025 6/6