Kumar.P v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 22/08/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR and WMP(MD) Nos.11696 and 11697 of 2022 Kumar.P ... Petitioner Vs

1. The Inspector General of Registration, 100, Santhome High Road, Chennai-600 028.

2. The Deputy Inspector General of Registration, Madurai Region, Rajakambeeram, Y.Othakadai, Madurai.

3. The District Registrar(Administration), the District Registrar Officer, Sivagangai District, Sivagangai.

4. The Sub Registrar, Thiruppuvanam Sub Registrar Office, Thiruppuvanam, Sivagangai District.

5. S.Vignesh, S/o.Senthilvel, 1/44, Maranadu, Manamadurai Taluk, Sivagangai District.

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6. S.Vignesh, S/o.Senthilvel, 6/1/34a, Edaiyapatti 1st Street, Ammaiyanaickanur, Dindigul District.

7. P.Ilayaraja, S/o.Pitchai, 1/44, Maranadu, Manamadurai Taluk, Sivagangai District.

8. S.Meenal, W/o.Suresh, 47/27, Thiyagi Sethuramachandiram Street, Sivagangai.

9. K.Nanthini, W/o.Kumar, 1/44, Maranadu, Manamadurai Taluk, Sivagangai District.

10. T.Sathishkumar, S/o.Thangapandi, 55a, Periya Avarankadu, Manamadurai, Sivagangai District.

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari to call for the records pertaining to the impugned orders of the 2nd respondent in vide proceedings in Na.Ka.no.8563/Aa4/2021 dated 20.5.2022 by confirming the order of the 3rd respondent in vide proceedings in Moo.Mu.no. 1481/E1/2021 dated 14.9.2021 and quash the same. For Petitioner : M/s.Muthukamatchi.V, For Respondents : Mr.M.Siddharthan for R1 to R4 Additional Government Pleader Mr.V.Malaiyendran for R10 No appearance for R7 to R9 2/6

ORDER

Challenge has been made to the impugned order of the 2nd respondent in confirming the order of the 3rd respondent.

2. It is the case of the petitioner that the 5th respondent sold the property in favour of the petitioner on 10.12.2011 and 09.02.2021. Thereafter, he has given a complaint before the 4th respondent. The 4th respondent stating that some one by name Vignesh, S/o.Senthilvel has impersonated him and executed a document. Based on the document, enquiry has been conducted and the District Registrar held that the document is forged.

3. It is to be noted that the so called Vignesh has set exparte. Whether the person was forged or not has not been justified. Further to unearth the alleged forgery, the signature of the 5th respondent or his thumb impression has never been compared. Merely on the basis of the alleged complaint of the 5th respondent, the entire document is cancelled with a further direction that no subsequent document should be entered. Challenging the same, appeal has also been filed. The same order has 3/6

been confirmed by stating that if any document is presented for registration by the said Vignesh, S/o.Senthilvel, the same was directed to be registered in his favour. Challenging the same, the present writ petition has been filed.

4. As the very order of the original authority indicate that the finding has been recorded without any proof of the alleged forgery, this Court is of the view that the title issues cannot be gone into by the authorities, when suits are pending before the competent Court of law.

5. In view of the above, the writ petition is allowed and the impugned order of the 3rd respondent dated 20.05.2022 stands quashed. The parties can agitate their rights before the competent Court of law in the pending suits. No costs. Consequently connected Miscellaneous Petitions are closed.

22.08.2024 NCC : Yes/No Index : Yes/No RR 4/6

TO

1. The Inspector General of Reg, Istration, 100, Santhome High Road, Chennai-600 028.

2. The Deputy Inspector General, Of Registration, Madurai Region, Rajakambeeram, Y.Othakadai, Madurai.

3. The District Registrar(Admin, Istration), the District Registrar Officer, Sivagangai District, Sivagangai.

4. The Sub Registrar, Thiruppuvanam Sub Registrar Office, Thiruppuvanam, Sivagangai District.

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N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.16161 of 2022 Date : 22/08/2024 6/6