Baghavathi Murugan v. The Deputy Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Baghavathi Murugan ... Petitioner Vs.
1.The Deputy Inspector General of Registration, Madurai Zonal Office, Integrated Complex of Registration Department, Rajakambeeram, Y.Othakadai, Madurai - 107.
2.The District Registrar, District Registration Office, Ramanathapuram.
3.The Sub-Registrar, Kamuthi Sub Registration Office, Ramanathapuram District.
4.Deiva Valli 5.Matrix Krishi Farming Private Limited, Represented by its Director Sonika Agarwal, 170, Lal Bahadur Shastri Marg, Bansberia, Hooghly - 712 502, West Bengal.
...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 District Registrar, Ramanathapuram Registration District, the second respondent, to conduct enquiry and initiate prosecution against the respondents 4 and 5, by invoking Section 83 of the Tamil Nadu Registration Act-1908 and to pass suitable orders on the representation of the petitioner dated 10.01.2022 in accordance with law within a specified time.
For Petitioner : Mr.G.Aravinthan for Mr.A.Mohan For R-1 to R-3 : Mr.S.Shanmugavel, Additional Government Pleader.
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ORDER
This Writ Petition has been filed seeking for a limited relief. The petitioner seeks for consideration of his representation dated 10.01.2022 seeking for cancellation of a document bearing Document No.226/2011 on the ground that the said document has been fraudulently registered.
2. According to the petitioner, based on a fraudulent patta, a sale deed has been registered in Document No.226/2011. He has given a representation on 10.01.2022 requesting for cancellation of the said document. Since the said representation has not been considered till date, he has filed this Writ Petition.
3. The petitioner has filed documents along with this Writ Petition to substantiate his case. It is for the respondents to consider the same on merits and in accordance with law.
4. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the respondents 4 and 5 and any other necessary party, whom the second respondent deems fit to enquire.
5. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 10.01.2022 seeking for cancellation of the document standing in the name of the fifth respondent in Document No.226/2011 and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the respondents 4 and 5 as well as any other necessary party, whom the second respondent deems fit to enquire, including granting them the right of personal hearing. The second respondent shall pass final orders within a period of twelve
(12) weeks from the date of receipt of a copy of this order.
6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 2/3
To 1.The Deputy Inspector General of Registration, Madurai Zonal Office, Integrated Complex of Registration Department, Rajakambeeram, Y.Othakadai, Madurai - 107.
2.The District Registrar, District Registration Office, Ramanathapuram.
3.The Sub-Registrar, Kamuthi Sub Registration Office, Ramanathapuram District.
+1 CC to M/s.SPL.GP. ( SR-21848[F] dated 27/04/2022 ) 26.04.2022 SS/25.05.2022 : 3P/5C 3/3