Devendran v. The District Registrar, (Administration)

WP NO. 31690 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-02-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN WP NO. 31690 of 2023 DEVENDRAN S/o.Dachanamoorthy, No.A/27/1, New Housing Board, Mannargudi- 614 001, Thiruvarur District.

Petitioner(s) Vs

1. The District Registrar, (administration) Office Of The District Registrar, Velipalayam, Nagapattinam District.

2. The Sub Registrar Thakkattur Sub Registrar Office, Nagapattinam District.

3. The Inspector Of Police Voimedu Police Station, Nagapattinam District.

4. RAJENDRAN S/o.Dachanamoorthy, Panjanathikulam Naduchetthi Village, Vedaranyam Taluk, Nagapattinam District.

5. THAMARAISELVAN S/o.Dachanamoorthy, D.No.7, Sri Dhanalakshmi Nagar Extn, Gundusalai, Semmandalam, Cuddalore District.

6. GANESAN

S/o.Sambasivam, No.3/35, Santhanveli, Ayakaranpulam Iind Sethi Vilage, Vedaranyam Taluk, Nagapattinam District.

7. THILAGAM W/o.Nallathambi, No.68, 1st Street, Annapoorna Nagar, Ponniyammanmedu, Tiruvallur District.

8. MALAR W/o.Arumugam, No.1, High School Road, Secretariat Colony, Ambattur, Tiruvallur District.

9. KARUNANITHI S/o.Ganesan, No.3/35, Santhanveli, Ayakaranpulam Iind Sethi Village, Vedaranayam Taluk, Nagapattinam District.

Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 3rd respondent to act upon the letter sent by the 2nd respondent in Na.Ka.No.159/2023, dated 20.06.2023 and thereby implement the order of the 1st respondent passed vide his proceedings in Na.Ka.No.3782 / A5/2022, dated 12.06.2023 within the time limit to be stipulated by this Court. For Petitioner(s) : M.Vijaya Ragavan For Respondent(s): Mr.P.Harish Government, Advocate for R1 and R2 Mr. K.M.D.Muhilan, Government Advocate (Criminal Side) for R3 M/S. S. Conscious Ilango for R4 and R5

ORDER

This Writ Petition has been filed to direct the 3rd respondent to act upon the letter sent by the 2nd respondent in Na.Ka.No.159/2023, dated 20.06.2023 and thereby implement the order of the 1st respondent passed vide his proceedings in Na.Ka.No.3782 / A5/2022, dated 12.06.2023 within the time limit to be stipulated by this Court.

2. According to the petitioner, he gave a representation on 24.12.2022 to 1st respondent for cancellation of Release Deed executed by the respondents 5 to 9 in favour of the 4th respondent, who is the brother of the petitioner, in respect of his father's undivided property, by suppressing the Will executed by his mother with an intention to grab the petitioner's share of property to get unlawful gain. The 1st respondent on conducing enquiry, passed an order dated 12.06.2023 in Na.Ka.No.3782/A5/2022 declaring the Release Deed as a forged one and also directed the 2nd respondent/Sub Registrar to take steps to initiate criminal action under sections 82 and 83 of the Registration Act. Pursuant thereto, the 2nd respondent lodged a complaint before the 3rd respondent//Inspector of

Police in Na.Ka.No159/2023 dated 20.06.2023. Since no criminal prosecution was initiated against the fradusters, the petitioner made representation before the 3rd respondent to take criminal proceedings against them, but the 3rd respondent did not act upon the representation of the petitioner. Hence, the petitioner has filed the present writ petition.

3. When the matter is taken up for hearing, the learned counsel for the respondents 4 to 6 submitted that the order passed by the 1st respondent dated 12.06.2023 has been set aside by the order of this court made in WP.No. 35460/2024 dated 22.11.2022.

4. In view of the above, the direction sought for in this writ petition cannot be considered. The Writ Petition is dismissed. No costs. 20-02-2025 msr Index:yes/no Internet:yes/no

To

1. The District Registrar, (administration) Office Of The District Registrar, Velipalayam, Nagapattinam District.

2. The Sub Registrar Thakkattur Sub Registrar Office, Nagapattinam District.

3. The Inspector Of Police Voimedu Police Station, Nagapattinam District.

4. The Public Prosecutor, Madras High Court.

G.K. ILANTHIRAIYAN, J.

msr WP NO. 31690 of 2023 20-02-2025