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Madras High CourtWP(MD)/12227/2017disposed of

S.S. Vinoth Sagar, v. The Deputy Inspector General

2017-06-30Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.12227 of 2017 S.S.Vinoth Sagar ... Petitioner -vs1. The Deputy Inspector General of Registration, Registration Department, Trichy Region, 2nd Floor, Govt Mulistoreyed Complex, Khaja Malai, Trichy.

2. The District Registrar, Office of the District Registrar,

3. The Sub-Registrar, Joint No.1 and 2, Sub Registrar Office, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents herein to conduct an enquiry and cancel the forged and fabricated documents registered in Document Nos.737/2017 and 738 of 2017 on the file of the third respondent office on the basis of the petitioner's representation dated 26.04.2017 and 19.06.2017.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader.

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus, directing the respondents to conduct an enquiry and cancel the forged and fabricated documents registered in Document Nos.737/2017 and 738 of 2017 based on his representations, dated 26.04.2017 and 19.06.2017.

2.The case of the petitioner is that his father purchased a house site vide Document No.4073 of 1971. The petitioner's father and mother died on 20.10.2000 and 27.02.2010 respectively, leaving behind the petitioner and his brother Amrith Sagar, as their legal

heirs. While so, forged documents were created as if the petitioner and his brother have executed a relinquish deed and a power of attorney and the same have also been registered. Hence, the petitioner gave a complaint before the Inspector of Police, City Crime Branch, Trichy, on 13.04.2017, which was registered in Crime No.21 of 2017.

3.The petitioner would further state that the first accused in the said crime number has sent a notice through his counsel on 04.05.2017 to the third respondent stating that Document No.738 of 2017 can be declared as null and void. The petitioner would further state that he sent representations to the first respondent dated 26.04.2017 and 19.06.2017 to cancel the documents, which was registered as Document Nos.737 of 2017 and 738 of 2017. Since no action was taken, the present Writ Petition has been filed by the petitioner.

4.Heard Mr.B.Jameel Arasu, learned counsel appearing for the petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader, who takes notice for the respondents. 5.Considering the limited prayer sought for in the Writ Petition, this Court, without going into the merits of the case, directs the second respondent to consider the representations of the petitioner dated 26.04.2017 and 19.06.2017 and pass orders, after providing opportunity to all the parties, on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To

1. The Deputy Inspector General of Registration, Registration Department, Trichy Region, 2nd Floor, Govt Mulistoreyed Complex, Khaja Malai, Trichy.

2. The District Registrar, Office of the District Registrar,

3. The Sub-Registrar, Joint No.1 and 2, Sub Registrar Office, +1 CC to M/s.B.JAMEEL ARASU, Advocate, SR No. 63213. +1 CC to THE SPECIAL GOVERNEMNT PLEADER, SR No. 63150. PS PSM/GT/SAR2/10.07.2017/3P/6C W.P(MD)No.12227 of 2017 30.06.2017