S.Vimala v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33016 of 2022 S.Vimala ....
Petitioner -Vs1 The Inspector General of Registration, Office of the Inspector General of Registration Chennai.
2 The District Registrar Kallakurichi.
3 The Sub Registrar 4 Manickam Ammal 5 Uthara 6 Usha 7 Kannan 8 Sekar 9 Vijayan 10 Lalitha ....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to consider the 1 / 5
representation dated 14.11.2022 and make entries in the register by cancelling the fradulent documents under Doc No. 1738 of 2009 Doc. No.2122 of 2010 Doc. No. 2125 of 2010. Doc. No.3046 of 2010 Doc No.2892 of 2017 Doc No.2449 of 2019 on the file of the Sub - Registrar Sankarapuram Kallakurichi District. For Petitioner : Mrs.A.L.Gandhimathi For Respondents : Mr.Yogesh Kannadasan Special Government Pleader - for RR 1 to 3
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the Respondents to consider the representation dated 14.11.2022 and make entries in the register by cancelling the fradulent documents under Doc No. 1738 of 2009 Doc. No.2122 of 2010 Doc. No. 2125 of 2010. Doc. No.3046 of 2010 Doc No.2892 of 2017 Doc No.2449 of 2019 on the file of the Sub - Registrar
2. The petitioner, in order to cancel certain documents which have been registered at the Sub Registrar Office ie., the respondent herein, has given a complaint / representation to the District Registrar on 14.11.2022. In order to consider the same and to pass orders on the complaint, the present writ petition has been filed.
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3. Heard Mrs.AL.Gandhimathi, learned counsel for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.
4. Learned Special Government Pleader would contend that, though the representation dated 14.11.2022 has been made under Section 68(2) of the Registration Act, for the purpose of cancellation of documents, such a power since is vested with the District Registrar only under Section 77A of the Act as per the recent amendment, such representation / complaint given by the petitioner dated 14.11.2022 would be construed as a complaint made under Section 77A of the Act and accordingly it would be decided on merits and in accordance with law within a time frame that may be stipulated by this Court.
5. Considering the said submissions of the learned Special Government Pleader, by taking into account the factual matrix as projected by the learned counsel for the petitioner, this Court is inclined to dispose of this writ petition with the following order.
"That there shall be a direction to the second respondent District Registrar to consider the complaint / representation dated 14.11.2022 and decide the same after giving an opportunity of 3 / 5
being heard to the petitioner as well as the private respondents under Section 77A of the Registration Act 1908 within a period of eight weeks from the date of receipt of a copy of this order."
6. With the above directions, this writ petition is disposed of. No costs. 07.12.2022 Index : Yes/No 1/3 Internet : Yes/No KST To 1 The Inspector General of Registration, Office of the Inspector General of Registration Chennai.
2 The District Registrar Kallakurichi.
3 The Sub Registrar 4 / 5
R. SURESH KUMAR, J.
KST W.P.No. 33016 of 2022 07.12.2022 5 / 5