Madras High CourtWP(MD)/6807/2017dismissed

M.Ravikumar, v. Secretary To The Government

2017-04-13Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.6807 of 2017 M.Ravikumar ...Petitioner Vs.

1.The Secretary to the Government Home Department, Fort St.George, Chennai - 600 009 2.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

3.The District Registrar, Palayamkottai, Tirunelveli - 627 002.

4.Sub Registrar, Valliyoor - 627 117.

Tirunelveli District.

5.M.Mani ... Respondents Prayer: Writ Petition is filed under Article 226 Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to take such steps as may be necessary as against the respondents 4 and 5, for the forged patta No.1074 produced by the fifth respondent herein, before the fourth respondent, for the purpose of registering the release deed dated 03.09.2015, as Document No.2225 of 2015, on the file of the fourth respondent herein, under the provisions of Indian Penal Code and the Registration Act, and under the relevant provisions of any other enactment, within a time frame as may be fixed by this Court. For Petitioner : Mr.N.Subramanian For R1 to R4 : Mr.D.Muruganandham Additional Government pleader

O R D E R

Mr.N.Subramanian, learned counsel for the petitioner has approached this Court seeking direction to the respondents 1 to 3 to take such steps as may be necessary as against the respondents 4 and 5 for the forged patta No.1074 produced by the fifth respondent herein, before the fourth respondent, for the purpose https://hcservices.ecourts.gov.in/hcservices/

of registering the release deed dated 03.09.2015 as Document No.2225 of 2015 on the file of the fourth respondent herein, under the provisions of Indian Penal Code and the Registration Act, and under the relevant provisions of any other enactment within a time frame that may be fixed by this Court.

2. According to the petitioner, Patta for the petitioner's land in Survey No.1748, situated in North Valliyoor Village, to an extent of 2 acres and 59 cents, has been forged by the fifth respondent with connivance of the fourth respondent. Therefore he is before this Court seeking direction to the respondents 1 to 3 to take action against the respondents 4 and 5 for violating the various provisions of Indian Penal Code and the Registration Act. Such a prayer cannot be maintained before this Court. Moreover for violation of Indian Penal Code, the writ petitioner has to approach competent authorities by preferring proper complaint for initiating action against the persons concerned. Jurisdiction under Article 226 cannot be invoked for such direction to be issued to R1 to R3. Therefore it is always open to the petitioner to approach the competent authority and to file any complaint if he so advised in the manner known to law. In such view of the matter the prayer in the writ petition as it framed is not maintainable and therefore this writ petition is dismissed. No Costs.

SD/- ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.Secretary to the Government Home Department, Fort St.George, Chennai - 600 009 2.The Inspector General of Regisration, No.100, Santhome High Road, Chennai - 600 028. 3.The District Registrar, Palayamkottai, Tirunelveli - 627 002.

4.Sub Registrar, Valliyoor - 627 117 Tirunelveli District.

+1 CC TO MR.N.SUBRAMANIAN,ADVOCATE,SR NO.52127 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.52252 PJL MAS/MR:11.05.2017:2P-7C W.P.(MD) No.6807 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 13.04.2017