Murugan.P v. The Inspector General Of Registration,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.(MD)No.1310 of 20211 P.Murugan .. Petitioner

Versus

1.The Inspector General of Registration, Santhome High Road, Chennai.

2.The District Registrar, Thenkarai, Periyakulam Taluk, Theni District.

3.The Sub-Registrar, O/o. the Sub Registrar, Aundipatty, Theni District.

4. Kaluvayi, W/o. Vellaichamy 5.Vellaichamy, S/o.Muthu Thevar .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to take appropriation action under Section 68(2) of the Registration Act and as per the Circular Letter No.41530/U1/2017, dated 08.11.2017 and Letter No. 41530/U1/2017, dated 09.11.2018, thereby, conduct enquiry and take necessary steps remove the name of the respondents 4 and 5 in the Revenue Records in respect of the property in Survey No.1759/7, thereby considering the petitioner's representation, dated 14.10.2020. 1/5

For Petitioner :

Mr.U.Antony Santhosh For R1 to R3 :

Mr.B.Saravanan Additional Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the second respondent to act upon the representation made by the petitioner on 14.10.2020, wherein the petitioner is seeking for the cancellation of the document and for taking action against the respondents 4 and 5.

2. The case of the petitioner is that the subject property was originally owned by his mother by virtue of the registered sale deed, dated 12.04.1999, registered as Document No.1044 of 1999. The mother of the petitioner settled/gifted the property in favour of the petitioner through a registered document, dated 27.02.2006, registered as Document No.644 of 2006.

3. The further case of the petitioner is that the fourth respondent had forged the signature of the petitioner's mother and thereby, had created a fraudulent Power of Attorney document and based on the same, a sale deed was executed in favour of the fifth respondent. The petitioner has made a representation to the second respondent to conduct an enquiry and to cancel the document and to take action against the respondents 4 and 5. Since the 2/5

same was not considered, the present Writ Petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the second respondent to act upon the representation made by the petitioner on 14.10.2020 by calling for an enquiry, by issuing notice to the petitioner and the respondents 4 and 5 and a decision shall be taken on its own merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

6. This Writ Petition is disposed of in the above terms. No costs. NCC : Yes/No 10.10.2023 Index : Yes/No smn2 To 1.The Inspector General of Registration, Santhome High Road, Chennai.

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2.The District Registrar, Thenkarai, Periyakulam Taluk, Theni District.

3.The Sub-Registrar, O/o. the Sub Registrar, Aundipatty, Theni District.

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N.ANAND VENKATESH, J.

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