K.M.Narayanaswamy v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM K.M.Narayanaswamy, represented by his Power Agent N.Padmavathy, Door No.42, Ayyampettai Village, Nadu Theru, Kanchipuramm.
... Petitioner Vs.
1.The Inspector General of Registration, Mylapore, Chennai - 600 004.
2.The District Registrar, Chennai South Registration District, Saidapet, Chennai - 600 015.
3.The Sub Registrar, Sub Registrar Office, Saidapet, Chennai - 600 015.
4.K.G.Lakshminarayanan 5.V.S.Govindan 6.S.Divyasena 7.B.P.Haribabu
8.L.Revathi 9.K.G.Lakshminarayanan 10.S.Kumaravelu represented by his Power Agent, K.Manjula, W/o.S.S.Kumaravelu, No.37/62, South West Boag Road, T.Nagar, Chennai - 600 017.
11.K.C.Chandrasekaran 12.Rani Chandrasekaran 13.Dr.R.Guruswamy 14.G.Sasikala 15.M.Rubesh Kumar 16.S.Rajameni 17.R.Meera 18.N.Sriram represented by his Power Agent, R.Krishnamoorthy, No.5, Vasanth Apartments,
1. A. Singanna Chetty Street, Chinthadripet, Chennai - 2.
19.B.Gayathri ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent herein to carry out / effect corrections in his records in terms of the order dated 24.11.2016
bearing No.15197/A3/2016 passed by the 2nd respondent herein in, thus render the Sale Deeds bearing Nos.2597/2003, 2981/2003, 3758/2003, 4107/2003, 4108/2003, 4109/2003, 4110/2003, 4519/2003, 954/2003 and 6753/2007 as invalid.
For Petitioner : Mr.V.Anil Kumar For R1 to R3 : Mr.D.Ravichander Special Government Pleader For R5 : Mr.B.Ravi For R6 & R7 : Mr.A.Ananda Kumar For R10, R11, R13 : Mr.Ramesh Venkatachalapathy & R14 For R16 : Mr.S.Saravanan For R18 : No Appearance For R4, R8, R9, R12, : Not Ready in Notice R15, R17 & R19
O R D E R
The relief sought for in the present writ petition is to direct the third respondent to carry out / effect corrections in his records in terms of the order dated 24.11.2016 passed by the second respondent and thus, render the Sale Deeds bearing Nos.2597/2003, 2981/2003, 3758/2003, 4107/2003,
4108/2003, 4109/2003, 4110/2003, 4519/2003, 954/2003 and 6753/2007 as invalid.
2. The petitioner states that he is the absolute owner of the property more fully described in the present writ petition. The claim of the petitioner is that a fraudulent document has been registered at the instance of the respondents four to sixteen and in this regard, the petitioner submitted a complaint before the District Registrar based on Circular No.67 dated 03.11.2011. Thereafter, the District Registrar directed the Sub Registrar to to initiate appropriate action and ordered for the cancellation of the document. However, the aggrieved opposite parties preferred an Appeal before the Inspector General of Registration, which was pending during the relevant point of time. Meanwhile, the Circular No.67 dated 03.11.2011 has been withdrawn by the Government and thereafter, an amendment came into effect and Section 77-A was inserted in the Registration Act.
3. It is brought to the notice of this Court that the parties have registered a criminal complaint, which is also pending on account of the interim stay granted by the High Court. In view of the fact that the order
passed by the District Registrar by exercising the powers based on the Circular No.67 cannot be now enforced on account of the subsequent amendments made in the Registration Act.
4. In view of the insertion of Section 77-A of the Registration Act, the petitioner is at liberty to workout his remedy in the manner known to law.
5. With this liberty, this Writ Petition stands disposed of. No costs. 04.07.2023 Jeni Index : Yes Speaking order
To 1.The Inspector General of Registration, Mylapore, Chennai - 600 004.
2.The District Registrar, Chennai South Registration District, Saidapet, Chennai - 600 015.
3.The Sub Registrar, Sub Registrar Office, Saidapet, Chennai - 600 015.
S.M.SUBRAMANIAM, J.
Jeni 04.07.2023