Dharmendra K v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.3948 and 3950 of 2024 K.Dharmendra ...Petitioner Vs.

1. The Inspector General of Registration, O/o.The Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai-28.

2. The District Registrar (Administration), Thanjavur District.

3. Jeyakumar, District Registrar (Administration), Thanjavur District.

4. E.Suresh

5. Muthuramalingam

...Respondents

PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned proceedings of the 2nd respondent in Na.Ka.No.191M4/2023 dated 21.08.2023 and quash the same as illegal and 1/4

consequently direct the 1st respondent to initiate appropriate legal proceedings against the 3rd respondent by stipulating time limit. For Petitioner : Mr.C.M.Arumugam For R-1 to R-2 : Mr.S.Saji Bino, (for R1 & R2) Special Government Pleader For R4 : Mr.R.J.Karthick (for R4)

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned proceedings of the 2nd respondent in Na.Ka.No.191M4/2023 dated 21.08.2023 and consequently to direct the 1st respondent to initiate appropriate legal proceedings against the 3rd respondent by stipulating time limit.

2.The official Respondents are not having any power to conduct enquiry, since Section 77(A) of the Registration Act has been stuck down by the Hon'ble Division Bench of this Court. However, the official respondents are having power under Section 83 of the Registration Act to take criminal action. Hence, the impugned proceeding cannot be sustained.

3.Accordingly, this writ petition stands allowed. The impugned proceedings of the 2nd respondent in Na.Ka.No.191M4/2023 dated 21.08.2023, is hereby quashed and the matter is remitted back to the respondent to consider the 2/4

petitioner's objection under Section 83 of the Registration Act and pass appropriate orders in accordance with law after hearing the rival submission. The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order, after giving notice to all the parties involved in the issue. No costs. Consequently, the connected writ miscellaneous petitions are closed.

25.08.2025 NCC : Yes / No Internet : Yes/No vsg To:

1. The Inspector General of Registration, O/o.The Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai-28.

2. The District Registrar (Administration), Thanjavur District.

3. Jeyakumar, District Registrar (Administration), Thanjavur District.

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S.SRIMATHY , J.

vsg ORDER MADE IN DATED:25.08.2025 4/4