Rathinavathy v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.31697 OF 2018 Rathinavathy ... Petitioner

Versus

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

2. The Deputy Inspector General of Registration, Deputy Inspector General of Registration Office, Guindy, Chennai - 600 032.

3. The District Registrar, District Registration office, Chennai - 600 001.

4. The Sub-Registrar, Sub Registrar, Anna Nagar West Extension, Chennai - 600 101.

5. Mrs.G.Gnanam

6. Mrs.Bama

7. Mrs.Malathi ... Respondents PRAYER:- This Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the third respondent to dispose of the representation of the petitioner dated 07.04.2018.

For Petitioners : Mr.J.Janarthanan For Respondents : Mr.Stalin Abhimanyu Government Counsel - R1 to R4 Mr.G.S.Mohan - R5 to R7

ORDER

The petitioner has come up with this writ petition to direct the third respondent to dispose of her representation dated 07.04.2018 requesting to initiate criminal action against the respondents 5 to 7 for registering two fraudulent settlement deeds bearing Document Nos.2983 and 2984 of 2012 dated 09.07.2012 registered on the file of SRO, Anna Nagar, Chennai, in respect of the property in S.No.233, situated at Old No.14, New No.21, Kamarajar Street, Old Thirumangalam, Chennai - 600 040 and to cancel the said settlement deeds under the Registration Act.

2. Today, when the matter was taken up for consideration, the learned counsel for the petitioner as well as the respondents 5 to 7, jointly submitted that in respect of the subject property in issue, a second appeal viz., SA.No.894 of 2017 is pending consideration before this court.

3. In view of the above stated position, this court is of the opinion that the relief sought in this writ petition cannot be granted to the petitioner. However, the parties are at liberty to agitate their respective rights before the court concerned, where the second appeal is pending. Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar msr To 1.

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

2.

The Deputy Inspector General of Registration, Deputy Inspector General of Registration Office, Guindy, Chennai - 600 032.

3.

The District Registrar, District Registration office, Chennai - 600 001.

4.

The Sub-Registrar, Sub Registrar, Anna Nagar West Extension, Chennai - 600 101.

+1cc to Mr.G.S.Mohan, Advocate, S.R.No.47035 W.P.NO.31697 OF 2018 NMI(CO) PBS/12/10/2021