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Madras High CourtWP(MD)/9359/2015disposed of

V. Muneeswaran, v. The Inspector General

2015-07-27Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition (MD) No.9359 of 2015 V.Muneeswaran ...

Petitioner Vs.

1.The Inspector General of Registration No.100, Santhome High Road, Santhome, Mylapore, Chennai 600 028.

2.The District Registrar (Administrative) District Registrar's Office, 58/1, Katchery Road, Virudhunagar, Virudhunagar District.

3.The Sub Registrar, Office of the Sub Registrar, Sattur Main Road, Sattur, Virudhunagar District.

4.J.Thangamariappan ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to conduct an enquiry related to the registration of a document in document No.2516/2014 dated 08.04.2014 and to complete the same as per clause (e) of the circular No.67, dated 03.11.2011 (C.No.52338/C1/2011) of the 1st respondent.

For Petitioner : Mr.G.Chandrasekar For Respondents 1-3 : Mr.N.S.Karthikeyan, Additional Government Pleader.

ORDER

This writ petition has been filed for the issuance of Writ of Mandamus, directing the second respondent to conduct an enquiry related to the registration of a document in document No.2516/2014 dated 08.04.2014 and to complete the same as per clause (e) of the circular No.67, dated 03.11.2011 (C.No.52338/C1/2011) of the 1st respondent.

2.According to the petitioner, he acquired the property by way of a registered release deed dated 27.08.2013 in document No.7697/2013. It is submitted that one Suresh and his wife executed a forged sale deed in document No.2516/2014, dated 08.04.2014 in favour of the fourth respondent with the help of impersonated person in the name of his father. It is further https://hcservices.ecourts.gov.in/hcservices/

submitted that the petitioner gave a complaint before the Inspector of Police, Sattur Town which has been registered as Crime No.173 of 2015. In the meanwhile, the first respondent issued a circular in Circular No.67, dated 03.11.2011 relating to fraudulent registration through impersonation or production of false documents and evidences. Based on such circular, the petitioner made a complaint dated 11.08.2014 before the first respondent who in turn forwarded the same to the second respondent by his proceedings dated 08.09.2014. Since the same is pending from 2014, the petitioner has no other remedy except to approach this Court by way of this writ petition.

3.Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, the writ petition is disposed of directing the second respondent to conduct an enquiry in the light of the circular issued by the first respondent dated 03.11.2011 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Inspector General of Registration No.100, Santhome High Road, Santhome, Mylapore, Chennai 600 028.

2.The District Registrar (Administrative) District Registrar's Office, 58/1, Katchery Road, Virudhunagar, Virudhunagar District.

3.The Sub Registrar, Office of the Sub Registrar, Sattur Main Road, Sattur, Virudhunagar District.

+1 CC TO MR.G.CHANRASEKAR, ADVOCATE, SR NO:41874 +1 CC TO M/S SPL.GOVT.PLEADER, ADVOCATE, SR NO:41988 Writ Petition (MD) No.9359 of 2015 27.07.2015 JAM/18.8.15/2P-6C https://hcservices.ecourts.gov.in/hcservices/