G.N.Mahendravarman v. The Deputy Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN G.N.Mahendravarman ... Petitioner /Vs./ 1.The Deputy Inspector General of Registration, Thanjavur.

2. The Joint Sub Registrar No.II Registration Office, Pattukottai.

3. The Deputy Superintendent of Police, Economic Offences Wing, 58 B, Medical College Road, Rajappa Nagar, Sundaram Nagar, Thanjavur District.

... Respondents 1/6

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to register and release the document in S.No. 44/2 3 5 Patta Land Pattukottai Town Thalaiyari Street within a time frame as fixed by this Court on the basis of the petitioner's representation dated 26.12.2024. For Petitioner : Mr.S.Mahendra Pathy For Respondents : Mr.S.P.Maharajan Special Government Pleader for R1&2 : Mrs.M.Aasha Government Advocate(Crl.side)for R3

ORDER

This writ petition has been filed for a direction, directing the directing the second respondent to register and release the document in S.No. 44/2, 3, 5 patta land situated at Thalaiyari street, Pattukottai town.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

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3. The petitioner's brother jointly had executed a settlement deed in favour of the petitioner on 09.07.2009 in respect of the subject property. In turn, the petitioner now intended to sell the property in favour of third party, in the year 2023, F.I.R has been registered in Crime No.109 of 2023 as against the petitioner's brothers, who had executed the settlement deed in favour of the petitioner on the file of the Inspector of Police, Pattukottai Taluk Police Station, for the offences under Sections 406 and 420 I.P.C, alleging that the petitioner's brothers received huge amount from the general public under various schemes in the name New Ashokan Abarana Maligai at Pattukottai. The said Ashokan Abarana Maligai is functioning from the year 1981 and the petitioner is also one of the partners.

However, the petitioner relieved from the partnership on 31.12.2013. Thereafter, the brothers formed new Company. However, the schemes which were floated for the past several years, in which, the general public had deposited huge amount. However, they were not repaid, no scheme was executed, hence, the complaint.

4. In pursuant to the said complaint, the subject property has been identified and sent a proposal to attach the same. Therefore, though this 3/6

Court, by order dated dated 28.11.2024, directed the petitioner to present the document in respect of the subject property and on receipt of the same, directed the second respondent to verify with the police, viz., the third respondent and register the same in W.P.(MD)No.28373 of 2024, now, on verification from the third respondent, they found that there is F.I.R as against the petitioner's brothers. Though the petitioner is not a named accused, during the investigation found that the there are materials as against the petitioner also. Sofar 2500 complaints received from the general public and they had cheated to the tune of Rupees Thirty Seven Crores.

5. In view of the above, direction sought for by the petitioner cannot be considered and the writ petition is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs. 30.01.2025 Index : Yes / No NCC : Yes / No LS 4/6

TO:- 1.The Deputy Inspector General of Registration, Thanjavur.

2. The Joint Sub Registrar No.II Registration Office, Pattukottai.

3. The Deputy Superintendent of Police, Economic Offences Wing, 58 B, Medical College Road, Rajappa Nagar, Sundaram Nagar, Thanjavur District.

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G.K.ILANTHIRAIYAN , J.

LS Order made in Dated:

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