M.S.Srinivasan v. The Inspector General Of Registrartion
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.16358 of 2025 M.S.Srinivasan ... Petitioner vs.
1. The Inspector General of Registrartion, The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
2. The District Registrar(Administration), Registration Department, Tnau Nagar, Rajakampeeram, Y.Othakadai, Madurai 625 107.
3. The Sub Registrar, Madurai North Joint-I, Rajakampeeram, Y.Othakadai, Madurai 625 107
4. The Inspector of Police, Theppakkulam Police Station, Madurai City.
...Respondents
[R4 is Suo Motu Impleaded Vide Court Order of this Court Dated 18.06.2025] PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from registering any document of alienation or encumbrance executed by the third parties in respect of the subject properties in Survey Nos.1/2, an extent of 0.37.50 1/5
hectares, Survey No.138/4B, an extent of 0.22.00 hectares, Survey No.165/3, an extent of 0.30.00 hectares, Survey No.165/5, an extent of 0.22.0 hectares, Survey No.170/2B1A, an extent of 0.10.50 hectares, Survey No.50/1, an extent of 0.29.50 hectares and Survey No.71/4, an extent of 0.33.50 hectares in Ulaganeri and Uthangudi Village, Madurai East Taluk, Madurai District without conducting preliminary enquiry to the petitioner by considering the petitioner's representation dated 15.04.2025.
For Petitioner : Mr.P. Praveenkumar For Respondents : Mr.G. Suriya Ananth, Additional Government Pleader for R-1 to R-3 M/s.M. Aasha, Government Advocate (Crl. side), for R-4
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, forbearing the respondents from registering any document of alienation or encumbrance executed by the third parties in respect of the subject properties without conducting preliminary enquiry to the petitioner by considering the petitioner's representation dated 15.04.2025.
2. By order dated 18.06.2025 this Court directed the 4th respondent to submit a report whether the legal heir certificate of one M.B. Seshaiyan was issued in Madurai or any other place.
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3. The learned Government Advocate (crl. Side) appearing for the 4th respondent has submitted a report stating the deceased died in Madurai and cremation was done in Madurai and their legal certificate is also issued in Madurai.
4. The said report is recorded. Therefore, the official respondents are directed to consider the petitioner's representation dated 15.04.2025 under Section 83 of the Registration Act and pass orders within a period of eight weeks from the date of receipt of a copy of the order, after issuing notice to the petitioner and other rival claimants. While considering the petitioner's plea, the aforesaid police report shall be taken into account. The police report shall form and part of this order.
5. With the above observations, this Writ Petition is allowed. There shall be no order as to costs.
21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 3/5
To:
1. The Inspector General of Registrartion, The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
2. The District Registrar(Administration), Registration Department, Tnau Nagar, Rajakampeeram, Y.Othakadai, Madurai 625 107.
3. The Sub Registrar, Madurai North Joint-I, Rajakampeeram, Y.Othakadai, Madurai 625 107
4. The Inspector of Police, Theppakkulam Police Station, Madurai City.
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S.SRIMATHY , J.
KSA ORDER MADE IN W.P(MD)No. 16358 of 2025 DATED :21.07.2025 5/5