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Madras High CourtWP(MD)/5703/2018disposed of

Abdul Razak Dawood v. The Inspector General Of

2024-12-16Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.5588 of 2018 Abdul Razak Dawood ... Petitioner Vs 1.The Inspector General of Registration, Chennai - 600 028.

2.The District Registrar, District Registrar Office, Kumbakonam, Thanjavur District.

3.The District Registrar, District Registrar Office, Thanjavur.

4.P.A.S.Abdul Ravoof 5.P.A.S.Sikkandar Batcha 6.P.A.S.Shajahan 7.Packir Mohamed ... Respondents (RR 4 to 7 are impleaded vide order dated 14.08.2024 in W.M.P(MD)No.8191 of 2018) PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order in No.52775/U1/2015 dated 19.06.2015 passed by the first respondent and quash the same and consequently directing the respondents to take necessary action for 1/4

initiating proceedings under Section 83 of the Indian Registration Act, 1908 regarding the fraudulent registration of Power of Attorney adjudicated as Adjudication No.4 of 1990 and settlement deed dated 26.03.1990 which was registered as Document No.296 of 1993 on 26.03.1993 in the office of the third respondent based on the petitioner's complaint dated 12.09.2014.

For Petitioner : Mr.N.Dilip Kumar For RR 1 to 3 : Mr.M.Sarangan Additional Government Pleader For RR 4 to 7 : No appearance

ORDER

This Writ Petition has been filed by the petitioner challenging the impugned order dated 19.06.2015 passed by the first respondent and consequently directing the respondents to take necessary action for initiating proceedings under Section 83 of the Indian Registration Act, 1908 regarding the fraudulent registration of Power of Attorney adjudicated as Adjudication No.4 of 1990 and settlement deed dated 26.03.1990 which was registered as Document No.296 of 1993 on 26.03.1993 in the office of the third respondent based on the petitioner's complaint dated 12.09.2014. 2.Based on the complaint lodged by the petitioner, dated 12.09.2014, the first respondent has passed the impugned order dated 19.06.2015. Further, the learned counsel appearing for the 2/4

petitioner has not produced the complaint, dated 12.09.2014 before this Court and on perusal of the impugned order passed by the first respondent, dated 19.06.2015, this Court finds no infirmity or illegality in the order passed by the first respondent. In view of the subsequent development, the petitioner is at liberty to submit a fresh complaint in the manner known to law, if so advised. 3.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

16.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Inspector General of Registration, Chennai - 600 028.

2.The District Registrar, District Registrar Office, Kumbakonam, Thanjavur District.

3.The District Registrar, District Registrar Office, Thanjavur.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 16.12.2024 4/4