Sirumani.L v. The Deputy Inspector General (Registration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN L.Sirumani : Petitioner Vs

1. The Deputy Inspector General (Registration), (Integrated Registration Department Campus, TNAU Nagar, Rajagambeeram, Y.Othakadai) Madurai.

2. The District Registrar, Registration Department, Dindigul District.

3. The Sub Registrar, Nagalnayakkanpatti S.R.O., Dindigul District.

4. A.Sesuraj

5. Innasi : Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to conduct appropriate enquiry and initiate prosecution as against the 4th and 5th respondents and to cancel and annul the document number 7442/2020 on the 1/5

file of 3rd respondent, by considering the petitioner's representation, dated 26.07.2022, within a stipulated time fixed by this Court. For Petitioner : Mr.K.R.Manimaran For R1 to R3 : Mr.K.S.Selvaganesan Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the 2nd respondent to conduct an enquiry and initiate prosecution as against the 4th and 5th respondents and to cancel and annul the document number 7442/2020 on the file of 3rd respondent, by considering the petitioner's representation, dated 26.07.2022.

2. The case of the petitioner is that the property in S.No.628/2, New S.No.1147/7 belongs to the petitioner and she is in possession and enjoyment of the same. While so, the respondents 4 and 5 conspired together with the third respondent had registered a sale deed in favour of the fourth respondent by impersonating and producing false documents and the document number is 7442/2020. Hence, the petitioner has given a complaint before the second respondent in this regard. The second respondent has sent a communication dated 11.03.2022, to the petitioner stating that the supporting documents were 2/5

not produced by the petitioner along with the complaint. Therefore, the petitioner has sent a detailed representation to the second respondent along with supporting documents. However, the second respondent has not taken any action on the petitioner's representation. Hence, the present writ petition has been filed.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the second respondent has sent a communication dated 04.08.2022, to the petitioner stating that supporting document was not produced by the petitioner along with the complaint and if the same is produced, the authorities concerned are ready to consider the claim of the petitioner.

4. Considering the above said submissions, this Court directs the petitioner to produce all the documents viz., the copy of the document which has to be cancelled, registered sale deed and other revenue documents viz., Patta, encumbrance certificate and any other documents in support of her case before the second respondent and on receipt of the same, the second respondent is directed to consider the same and pass appropriate orders, after giving an opportunity to the parties concerned, on merits and in accordance with law, 3/5

within a period of sixteen weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs. 28.10.2022 akv To

1. The Deputy Inspector General (Registration), (Integrated Registration Department Campus, TNAU Nagar, Rajagambeeram, Y.Othakadai) Madurai

2. The District Registrar, Registration Department, Dindigul District.

3. The Sub Registrar, Nagalnayakkanpatti S.R.O., Dindigul District.

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V.BHAVANI SUBBAROYAN, J.

akv W.P.(MD)No.21112 of 2022 28.10.2022 5/5