Thivyavani R M v. The Deputy Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN R.M.Thivyavani ... Petitioner Vs 1.The Deputy Inspector General of Registration, Integrated Building of Registration Department, TNAU Nagar, Rajakambeeram, Y.Othakadai, Madurai.

2.The District Registrar (Administration), Periyakulam District Registrar Office, Theni District.

3.The Sub Registrar, Andipatti Sub Registration, Andipatti, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's complaint dated 09.10.2023 seeking action against the third respondent under Sections 81 and 83 of the Registration Act 1908.

For Petitioner : M/s.M.Sudharani For Respondents : Mr.D.Sadiq Raja Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed by the petitioner for a direction directing the respondents 1 and 2 to consider the petitioner's complaint dated 09.10.2023 seeking action against the third respondent under Sections 81 and 83 of the Registration Act 1908.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The third respondent being the registering authority cannot be subjected for enquiry under Section 83 of the Registration Act, 1908, because the registering authority has got jurisdiction to conduct enquiry under Section 83 of the Registration Act, 1908. That apart, the petitioner failed to implead the person who registered the property in which she is claiming to be the owner of the property in the complaint lodged before the respondents 1 and 2. Therefore, the direction sought for in this Writ Petition cannot be considered. Hence, this Writ Petition itself is devoid of merits and the same is liable to be dismissed. 2/4

4.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

16.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Deputy Inspector General of Registration, Integrated Building of Registration Department, TNAU Nagar, Rajakambeeram, Y.Othakadai, Madurai.

2.The District Registrar (Administration), Periyakulam District Registrar Office, Theni District.

3.The Sub Registrar, Andipatti Sub Registration, Andipatti, Theni District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 16.12.2024 4/4