Muthudaiyar v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2026

CORAM

THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY Muthudaiyar

...Petitioner

vs.

1. The District Registrar, Ramanathapuram District, Ramanathapuram.

2. The Sub-Registrar, Kadaladi, Ramanathapuram District.

3. The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

4. G.Marimuthu

5. M.Marimuthu

6. V.M.Nagarajan

7. S.Parijathavalli

8. V.Muthumari

9. R.Krishnan

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to conduct enquiry under Section 82 of the Tamil Nadu Registration Act, 1908 for 1/6

cancellation of the Trust Deed in Document No. 9/2025 dated 19.09.2025 on the file of the 2nd Respondent on the basis of the petitioner's representation dated 15.10.2025.

For Petitioner : Mr.L.Prabakaran For Respondents : Mr.M.Lingadurai, Special Government Pleader for R1 and R2 Mr.A.Albert James, Government Advocate (Crl. Side) for R3

ORDER

This Writ Petition has been filed to direct the first respondent to conduct enquiry under Section 82 of the Tamil Nadu Registration Act, 1908 for cancellation of the Trust Deed in Document No. 9/2025 dated 19.09.2025 on the file of the 2nd Respondent on the basis of the petitioner's representation dated 15.10.2025.

2.Mr.M.Lingadurai, learned Special Government Pleader takes notice for the respondents 1 and 2. Mr.A.Albert James, learned Government Advocate (Crl. Side) takes notice for the third respondent. Since no adverse order is going to be passed against the respondents 4 to 9, notice to them is dispensed with.

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3. By consent on either sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4. The learned counsel appearing for the petitioner would submit that the respondents 4 to 9 have created bogus trust deed and registered the same with the second respondent fraudulently. Therefore, the petitioner made a representation on 15.10.2025 to conduct appropriate enquiry under Sections 83 and 84 of the Registration Act, 1908 and initiate criminal action against the respondents 4 to 9. As the representation dated 15.10.2025 is yet to be disposed, the present Writ Petition has been filed.

5. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that, in the instant case, since the petitioner has knowledge of the fraudulent trust deed and the offence committed by the respondents 4 to 9, the right course of remedy available to him is to approach the third respondent Police and file a complaint. The petitioner has also approached the third respondent Police and lodged a complaint with them. According to him, once a complaint is made before the Police authorities, there is no need for conduct of enquiry by the first respondent on the alleged fraudulent trust deed dated 19.09.2025. He therefore, prayed for appropriate orders.

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6. Upon hearing either sides, I find force in the submissions of the learned Special Government Pleader. As rightly contended by him, the petitioner gained knowledge of the fraudulent trust deed dated 19.09.2025 and also lodged a complaint with the third respondent Police. Such being the case, this Court is of the view that any further enquiry at the hands of the first respondent in terms of Sections 83 and 84 of the Registration Act, 1908 is only vexatious. Even if any such enquiry is conducted by the first respondent and the allegations of the petitioner were found to be true, it would ultimately result in lodging of complaint before the third respondent. Since the petitioner has already given a complaint to the third respondent, the third respondent is directed to take the complaint on file, proceed with registration of First Information Report and investigate the matter in accordance with law.

7. With the above directions, this Writ Petition is disposed of. No costs.

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To

1. The District Registrar, Ramanathapuram District, Ramanathapuram.

2. The Sub-Registrar, Kadaladi, Ramanathapuram District.

3. The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

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KRISHNAN RAMASAMY, J.

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