V.Raju v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2019
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.13830 of 2017 V. Raju ...
Petitioner Vs
1. The District Registrar, Office of the District Registrar, Chennai South, Chennai - 15.
2. The Sub-Registrar of Tambaram, Office of the sub-Registrar, Tambaram.
3. The Inspector General of Registration, Santhome High Road, Chennai - 600 028.
....
Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider my complaint dated 28.02.2017 and to conduct an enquiry and dispose of the same in accordance with law.
For petitioner : Mr.P.Raja For respondents : Mr.P.P.Purushothaman, Government Advocate for Registration
ORDER
This Writ Petition has been filed seeking for a Mandamus to direct the first respondent to consider the petitioner's complaint dated 28.02.2017 and to conduct an enquiry and dispose of the same.
2. It is the case of the petitioner that he owns the agricultural land to an extent of Acres 0.41 cents in S.No.382/2, in Tambaram Village, Kanchipuram District, having purchased the same from one N.Balagurumurthi Chettiar under a
sale deed dated 09.02.1989 and registered as Document No.421/1989 on the file of the Sub-Registrar, Tambaram. According to him, he had given power to one Y.Jemin Francis. It is the case of the petitioner that some one has impersonated his signature and forged documents have been created on various dates. Hence, he lodged a complaint before the Commissioner of Police and an enquiry was conducted by the Central Crime Branch by registering FIR in Crime No.154 of 2015. Since no action was taken, for the complaint given by the petitioner, this writ petition has been filed seeking for a Mandamus.
3. The learned counsel for the petitioner drew the attention of this Court to a Circular in Letter No.41530/U1/2017, dated 31.07.2018, issued by the office of the Inspector General of Registration, Chennai - 28. As seen from the Circular, the procedures to be adopted whenever a complaint has been lodged for impersonation of a signature as well as for creation of forged documents have been formulated.
4. According to the learned counsel for the petitioner, he satisfies that if the procedures contemplated under the aforesaid Circular is followed by the respondents while investigating the complaint given by the petitioner.
5. The learned Government Advocate appearing for the respondents, on instructions also submits that the respondents are willing to investigate the complaint lodged by the petitioner regarding the alleged creation of forged documents in accordance with the procedures contemplated under the aforesaid Circular, dated 31.07.2018.
6. Recording the submissions of the learned counsel for the petitioner as well as the submissions of the learned Government Advocate appearing for the respondents, this Court directs the first respondent to investigate the complaint given with regard to the alleged creation of forged documents after affording an opportunity to the petitioner to place his contention to conduct the investigation in accordance with the procedure prescribed under the Circular letter No.No.41530/U1/2017, dated 31.07.2018, issued by the Office of the Inspector General of Registration, Chennai - 28 and submit a report within a period of three months from the date of receipt of a copy of this order. It is made clear that the respondents shall act accordingly on merits and in accordance with law after giving an opportunity of personal hearing to all the affected parties before passing a final order.
7.With the above directions, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi2 To
1. The District Registrar, Office of the District Registrar, Chennai South, Chennai - 15.
2. The Sub-Registrar of Tambaram, Office of the sub-Registrar, Tambaram.
3. The Inspector General of Registration, Santhome High Road, Chennai - 600 028.
+1cc to Mr.P.Raja , Advocate SR.No. 281 W.P. No.13830 of 2017 A.SK(04/02/2020)