Madras High CourtWP(MD)/9437/2024disposed of

Shakir Ahamed v. The Inspector General Of Registration

2024-07-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.8566 of 2024 Shakir Ahamed ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Court, Pattinapakkam, Chennai - 600028.

2.The District Registrar, District Registrar Office, Court Complex, Trichy.

3.The Sub-Registrar, Sub Registrar Office, Woraiyur, Trichy.

4.K.Panaiyadi 5.M.Iruthasamy 6.V.Manivel ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 expedite the enquiry about the fraudulent registration made by the respondents 4 to 6 through the general power of attorney registered as 1/4

Document No.3350/2020 dated 07.07.2020, sale deed in Document No.4075/2020 dated 05.08.2020 and sale deed in Document No.6450 of 2020 dated 20.10.2020 on the file of the 3rd Respondent and make foot note in the relevant documents and entry in the index as per the circular of the Inspector General of Registration in Letter No.41530/U1/2014 dated 31.07.2018 by considering the petitioner's representation dated 06.03.2024. For Petitioner : Mr.T.Leninkumar For Respondents : Mr.B.Saravanan, Addl. Government Pleader for R1 to R3.

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 3. 2.The petitioner wants the petition mentioned documents to be cancelled. The petitioner seeks invocation of power under Section 77-A of the Registration Act, 1908 by the jurisdictional District Registrar. I had taken the view that the said provision cannot operate retrospectively. Since a contra opinion has been rendered by another learned Judge, the matter is presently pending consideration before the Hon'ble Division Bench. 2/4

3.The second respondent is directed to keep the petitioner's complaint pending. He shall decide the issue based on the decision of the Hon'ble Division Bench.

4.The writ petition is disposed of accordingly. No costs. 02.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Inspector General of Registration, No.100, Santhome High Court, Pattinapakkam, Chennai - 600028.

2.The District Registrar, District Registrar Office, Court Complex, Trichy.

3.The Sub-Registrar, Sub Registrar Office, Woraiyur, Trichy.

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G.R.SWAMINATHAN, J.

ias 02.07.2024 4/4