B.Senthilnathan v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No. 10010 of 2025 B.Senthilnathan ... Petitioner Vs.
1. The District Registrar, Tiruchirapalli Registration Office, Cantonment, Tiruchirapalli.
2. The Sub Registrar.
Thuraiyur Sub Registrar Office, Thuraiyur, Tiruchirapalli District.
3. Maharishi Educational and Charitable Trust, Represented by its Managing Trustee, Rabhindra Bharathi Matriculation School, Thathiengarpet, Musiri Taluk - 621 214, Trichy District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st respondent to enquire regarding the document No.05/2024 dated 02.01.2024 on the file of the 2nd respondent which is made as fraudulent one and restraining the respondents 1 and 2 not to make any further registration of the 3rd respondent based on the petitioner's representation dated 03.04.2025. 1/4
For Petitioner : Mr.R.Iyyapan For R1 & R2 : Mr.D.Sasikumar Additional Government Pleader For R3 : Mr.K.Prabhakar *****
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the 1st respondent to enquire regarding the document No. 05/2024 dated 02.01.2024 on the file of the 2nd respondent which is made as fraudulent one and restraining the respondents 1 and 2 not to make any further registration of the 3rd respondent based on the petitioner's representation dated 03.04.2025.
2.The learned Counsel appearing for the petitioner submitted that the petitioner was a trustee for the said educational institution and the third respondent is the present managing trustee of the said educational institution. It is seen that there is some personal dispute between the petitioner and the third respondent. Now, the petitioner is claiming the document as fraudulent one. 3.Since Section 77A of the Registration Act has been stuck down, there cannot be any enquiry regarding the fraudulent transaction. But the official respondents are having power under Section 83 to initiate a criminal proceedings alone. Moreover, there is no merit on the petitioner's allegation and no proper 2/4
evidence is submitted before this Court. If the petitioner is really aggrieved, he is at liberty to approach the appropriate Civil Court. 4.The learned Counsel appearing for the third respondent submitted that already a civil suit is pending for the same prayer. Therefore, the Trial Court shall consider the suit uninfluenced by the observation made by this Court and complete the suit as per law.
5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
07.07.2025 Index : Yes / No Internet : Yes Tmg To:
1. The District Registrar, Tiruchirapalli Registration Office, Cantonment, Tiruchirapalli.
2. The Sub Registrar.
Thuraiyur Sub Registrar Office, Thuraiyur, Tiruchirapalli District.
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S.SRIMATHY , J.
Tmg ORDER MADE IN DATED : 07.07.2025 4/4