Murugan v. The Inspector General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Murugan ... Petitioner Vs.

1.The Inspector General, Registration Department, Santhom High Road, Chennai.

2.The District Registrar, Tenkasi District, Tenkasi.

3.The Sub-Registrar, Oothumalai Sub-Registrar Office, Oothumalai, Tenkasi District.

4.Muthammal 5.Ulaganathan 6.Gomathi 7.Muthulakshmi 8.Parvathi 9.Paneer Selvam 1/4

10.Velpandi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.2 and 3 to cancel the fraudulent sale deed document No.1039/2020 dated 11.06.2020 registered at Oothumalai Sub-Registrar Office, Oothumalai Village, Veerakeralamputhur Taluk, Tenkasi District in respect of 9 acres, 87 cents comprised in S.No.262/4, Oothumalai Village, Veerakeralamputhur Taluk, Tenkasi District on the basis of the Petitioner's representation dated 17.12.2021. For Petitioner : Mr.T.Indrachithu For Respondents : Mr.V.Nirmal Kumar, Government Advocate for R1 to R3.

Mr.J.Thomas Rajadurai for R9.

No appearance for R4 to R8.

ORDER

Heard the learned counsel for the petitioner, the learned Government Advocate for the respondents 1 and 3 and the learned counsel for the ninth respondent.

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2.The petitioner impeaches the petition mentioned document as fraudulent. Of course, during the relevant time, Section 77-A of the Registration Act was not in the statute book. But then, the Inspector General of Registration has issued certain circulars. The second respondent is directed to conduct enquiry on the petition mentioned representation on the basis of such circulars. The second respondent will issue notice to all the interested parties. Enquiry shall be held. Final order on merits and in accordance with law will be passed within a period of four months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. 3.This writ petition is disposed of accordingly. No costs. 09.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The Inspector General, Registration Department, Santhom High Road, Chennai.

2.The District Registrar, Tenkasi District, Tenkasi.

3.The Sub-Registrar, Oothumalai Sub-Registrar Office, Oothumalai, Tenkasi District.

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