Dhanasekaran.G v. The Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Dhanasekaran.G ... Petitioner Vs 1.The Inspector General of Registration, No. 100, Santhom High Road, Pattinapakkam, Chennai 600 028.
2.The District Registrar (Administration) District Registrar Office, Ramanathapuram.
3. Angusamy
4. Jegajothi
5. Prabakaran
6. Vasu @ Valasingam
7. Raja
8. Amuthavalli Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, by calling for the records of the impugned order in 1/6
Na.Ka.No. 5318/Aa1/2023 dated 05.05.2023 issued by the 2nd respondent and quash the same and consequently issue direction by directing the 2nd respondent to conduct an enquiry relating to the document Nos. 415/2019, 2525/2020, 2439/2020, 72/2021, 2978/2022, 3006/2022, 3045/2022 and 3314/2022 within the meaning of section 77-A of the Act and in accordance with circular letter No. 33760/U1/2022 dated 27.09.2022 issued by the 1st respondent by considering the petitioner's application dated 05.11.2022 within time framed by this Court.
For Petitioner :Mr.K.Jagadeesan For R1 & R2 :Mr.M.Sarangan Additional Government Pleader
O R D E R
The petitioner has approached the Registration Authority to cancel the documents, which were registered in between 2019-2022 by his siblings. It appears that one of the coparcener has already filed a civil suit for partition and by referring the civil suit, which is pending before the Additional District Court, Ramanathapuram in O.S.No.40 of 2014, the Registrar, Ramanathapuram by the order impugned in this writ petition has 2/6
stated that a decision would be taken on the petitioner's application, depending upon the outcome of the pending suit. Challenging the same, the petitioner has filed this writ petition. 2.The petitioner has aggrieved over the documents which were registered in between 2019-2022 by the petitioner's coparceners that they have created those documents in a fraudulent manner. It is to be noted that in the above suit, the petitioner is the seventh defendant. The learned counsel for the petitioner submits that in view of the pendency of the suit from the year 2014, the other coparceners have created documents in a forged manner, and the same is affecting the petitioner's right over the suit property and therefore, he confined his relief for the direction to the learned Additional District Judge, Ramanathapuram to conclude the suit proceedings as expeditiously as possible.
3.This Court considered the submissions made by the learned counsel appearing for the petitioner. 3/6
4.Though this writ petition is filed challenging the order passed by the second respondent impugned in this writ petition, in view of the request made by the learned counsel for the petitioner that the suit in O.S.No.40 of 2014, which is filed for partition in the year 2014 is still pending before the Additional District Court, Ramanathapuram, this writ petition is disposed of with a direction to the learned Additional District Judge, Ramanathapuram to conclude the suit proceedings within a period of eight months from the date of receipt of a copy of this order. No costs.
31.07.2023 NCC : Yes / No.
Index : Yes / No.
Internet:Yes vrn 4/6
To 1.The Additional District Judge, Ramanathapuram.
2.The Inspector General of Registration, No. 100, Santhom High Road, Pattinapakkam, Chennai 600 028.
3.The District Registrar (Administration) District Registrar Office, Ramanathapuram.
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B.PUGALENDHI, J.
vrn Order made in 31.07.2023 6/6