Arunachalam.G v. The Deputy Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.3859 of 2023 G.Arunachalam ... Petitioner Vs.

1.The Deputy Inspector General of Registration, Department of Registration, Tirunelveli Region, Tirunelveli, Tirunelveli District.

2.The District Registrar, Tenkasi District, Tenkasi.

3.The District Registrar, Cheranmahadevi, Tirunelveli District, Tirunelveli.

4.The Sub Registrar, Office of the Sub Registrar, Kadayam, 1/4

5.The Sub Registrar, Office of the Sub Registrar Office, Alangulam, 6.Thasin Hammed 7.M/s.PACL Limited India, No.22, 3rd Floor, Amber Tower, Sansur Chand Road, Jaipur-302 004 (Rajasthan).

8.Muthukumar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents particularly the second respondent to consider the petitioner's representation dated 10.01.2023 on merits and in accordance with law and thereafter pass suitable orders cancelling the forged, fabricated sale deeds in connection with his properties bearing Survey Nos.548/1 and 549/3 situated at Poolangulam Village, Alangulam Taluk, Tenkasi District vide Document Nos.1761 of 1998, 2181 of 2019 & 4232 of 2019 on the file of the fifth respondent forthwith. For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.N.Satheeskumar Additional Government Pleader for R1 to R5

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 to 5. 2/4

2.The petitioner wants the second respondent to conduct enquiry under Section 77-A of the Registration Act and cancel the petition mentioned document. The petitioner impeaches the transactions that date back to the year 1994. Section 77-A of the Registration Act is not retrospective. Therefore, the petitioner has to necessarily seek his remedy elsewhere. I have only held that the second respondent cannot grant the relief as sought for. The writ petition stands dismissed. The dismissal of this writ petition will not cast any cloud on the writ petitioner's title. The petitioner can very well move the jurisdictional Civil Court for establishing his rights. No costs. Consequently, connected miscellaneous petition is closed.

27.02.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Deputy Inspector General of Registration, Department of Registration, Tirunelveli Region, Tirunelveli, Tirunelveli District.

2.The District Registrar, Tenkasi District, Tenkasi.

3/4

G.R.SWAMINATHAN, J.

rmi 3.The District Registrar, Cheranmahadevi, Tirunelveli District, Tirunelveli.

4.The Sub Registrar, Office of the Sub Registrar, Kadayam, 5.The Sub Registrar, Office of the Sub Registrar Office, Alangulam, 27.02.2023 4/4