Madras High CourtWP(MD)/10672/2015disposed of

Habeeb Thambi Maraikayar, v. The Inspector Of General,

2023-07-06Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Habeeb Thambi Maraikayar ... Petitioner Vs 1.The Inspector of General, Registeration Department, No.100, Santhome Road, Chennai - 28.

2.The District Registrar, District Registration Office, Pudukottai District.

3.The Sub Registrar, Sub-Regisrar Office, Pudukottai Taluk, Pudukottai District.

... 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 conduct an enquiry based on the petitioner's representation dated 25.05.2015 in respect of the Document No. 2435/2015 registered dated 13.06.2015 on the file of the third respondent, in the light on the circular No. 67 dated 03.11.2011 (C. 1/4

No.52338/C1/2011) issued by the first respondent within time period stipulated by this Court and consequently annul the same on merits. For Petitioner : Mr.S.A.S.Alaudeen For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner submits that Document No.2435 of 2015 had been fraudulently registered by the third respondent. In this regard, complaint was given and the petitioner wants enquiry to be conducted in the light of the Circular No.67 dated 03.11.2011 (C. No.52338/C1/2011).

3. I am not persuaded to concede the petitioner's request. The petition mentioned circular has since been withdrawn. If the petitioner has any legal rights, he has to enforce the same before the jurisdictional civil Court. If according to the petitioner he has been cheated, then he has to set the criminal law in motion. When the document has already been registered, the registering authority may no longer have any role in the matter. 2/4

4. Granting liberty to the petitioner to move the jurisdictional civil and criminal Court, this writ petition is disposed of. There shall be no order as to costs.

06.07.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Inspector of General, Registeration Department, No.100, Santhome Road, Chennai - 28.

2.The District Registrar, District Registration Office, Pudukottai District.

3.The Sub Registrar, Sub-Regisrar Office, Pudukottai Taluk, Pudukottai District.

3/4

G.R.SWAMINATHAN, J.

MGA 06.07.2023 4/4