Mr.V.Elumalai, v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23-08-2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.7054 of 2016 Mr.V.Elumalai ..

Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028, Tamil Nadu.

2.The District Registrar (Administration), North Chennai, No.1, Murthigal Street, Chennai-1.

..

Respondents PRAYER:

Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 4.8.2014 in the light of the Circular No.67 dated 3.11.2011 and take appropriate action and pass orders in accordance with law.

For Petitioner : Mr.D.Muthukumar For Respondents : Mr.T.M.Pappiah, Special Government Pleader.

O R D E R

The grievance of the writ petitioner is that he made a representation to conduct enquiry in respect of the registration of a fraudulent instrument before the Sub-Registrar's Office, Thiruvottriyur.

2. The allegations set out in the writ petition reveal that the writ petitioner is aggrieved from and out of the fraudulent registration of a document by some persons.

3. Though the person, who executed the instrument, has not been impleaded as a party respondent in this writ petition, now https://hcservices.ecourts.gov.in/hcservices/

the writ petitioner is confined to the extent of issuing directions to the District Registrar to conduct an enquiry in respect of the registration of a fraudulent document and pass an order.

4. In this regard, the learned Special Government Pleader, appearing on behalf of the respondents, also made a submission that the District Registrar concerned is competent to conduct an enquiry in respect of the registration of a fraudulent document or impersonation in accordance with the Circular issued by the Inspector General of Registration, Chennai-28 vide his letter No.41350/U1/2017 dated 7.11.2017.

5. Taking note of the Circular, dated 7.11.2017, issued by the Inswpector General of Registration, the District Registrar (Administration), North Chennai, is directed to consider the representation submitted by the writ petitioner on 4.8.2014 and by conducting an enquiry and by affording reasonable opportunity to all the persons, including the parties, who executed the instruments, before the Sub-Registrar's Office and 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.

6. Accordingly, the writ petition stands disposed of. However, therer shall be no order as to costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar Svn To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028, Tamil Nadu.

2.The District Registrar (Administration), North Chennai, No.1, Murthigal Street, Chennai-1.

+1cc to Mr.D.Muthu Kumar Advocate, S.R.No. 58261 +1cc to the Special Government Pleader, S.R.No.57865 WP 7054 of 2016 AK(CO) GN(03/09/2018) https://hcservices.ecourts.gov.in/hcservices/