Madras High CourtWP(MD)/4450/2022disposed of

Sundarraj.T v. The Inspector General Of Registration

2022-03-14Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE T.Sundarraj ... Petitioner /Vs./

1. The Inspector General of Registration, Santhome High Road, Santhome, Mylapore, Chennai.

2. The Deputy Inspector General of Registration, Registration Department, Thirumohur Road, Othakadai, Madurai.

3. The District Collector, District Collector Office, Dindigul District.

4. The District Registrar, Dindigul District, Dindigul.

5. The Sub Registrar, Kannivadi Sub Registrar Office, Dindigul District.

6.Natarajan 7.Jeyaraj

8. James

9. Kulanthai Therasu

10. Kavitha Victoria ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to cancel the fraudulent registration made in document No.911/1995, document No.2235/1997, document No.2016/2010 document No.273/2020 registered at the 5th respondent's office in respect of petitioner's property.

For Petitioner : Mr.P.Edinbrough For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R1 to R5 1/3

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3 to cancel the fraudulent registration made in document No.911/1995, document No.2235/1997, document No.2016/2010 and document No.273/2020 registered at the 5th respondent's office in respect of petitioner's property, within a time frame to be fixed by this Court.

2.The fifth respondent has already refused to entertain the petitioner's representation seeking for cancellation of the aforementioned documents by observing in his order dated 08.11.2021 that the petitioner will have to approach the competent Civil Court for the same. Despite the same, the petitioner has filed this writ petition seeking for the very same relief.

3.The documents which the petitioner requires to be cancelled pertain to the year 1995, 1997, 2010 and 2020. According to the petitioner, many of the villagers were deceived and cheated by the respondents No.7 to 10 and fraud has been committed upon the villagers and fraudulent documents referred to supra have been registered.

4.Since the documents sought to be registered are the documents which were registered long time back and the allegations levelled by the petitioner require oral and documentary evidence, the relief of the petitioner can only be granted by a competent Civil Court. Therefore, the fifth respondent has rightly rejected the petitioner's representation on 08.11.2021 and directed the petitioner to approach the competent Civil Court. 5.This Court does not find any merit in this writ petition. Hence, this Writ Petition is disposed of by granting liberty to the petitioner to approach the Civil Court in the manner known to the petitioner under law. There shall be no order as to costs. Sd/- Assistant Registrar (Crl.side) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To