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Madras High CourtWP(MD)/15004/2015disposed of

R. Kumaran v. Inspector General Of

2020-10-12Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD)No.15004 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.15004 of 2015 in M.P.(MD) No.1 of 2015 R.Kumaran ... Petitioner -vs1.Inspector General of Registration, Santhome High Road, Chennai-600 028.

2.The District Registrar Madurai South (in the cadre of Asst. Inspector General of Registration), No.171, Palace Road, Madurai-625 001.

3.

M.Muthumayan 4.

M.Neethirajan 5.

M.Azhagarsamy 6.

M.Ramesh 7.

M.Selvam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent herein to consider the representation of the petitioner dated 21.07.2015 in accordance with law morefully after following the Circular of the 1st respondent vide Circular No.67 dated 03.11.2011 forthwith.

For Petitioner : Mr.Saravana Kumar For M/s.Veera Associates For R1 & R2 : Mr.K.Sathya Singh Addl. Govt. Pleader For R3 to R7 : Mr.S.Loganathan

O R D E R

This Writ Petition has been filed for a direction to the 2nd respondent herein to consider the representation of the petitioner dated 21.07.2015 in accordance with law morefully after following the Circular of the 1st respondent vide Circular No.67 dated 03.11.2011 forthwith.

2. The case of the petitioner is that he submitted a complaint / representation dated 21.07.2015, stating that the 3rd respondent had executed a fraudulent settlement deed in favour of the respondentes 4 to 7 before the Sub Registrar, Chekkanoorani, Madurai vide Doc.Nos.1144 to 1147 of 2011 in respect of the property of the petitioner's family. Though a complaint has been given in this regard to the 2nd respondent for a detailed enquiry, no action https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15004 of 2015 has been taken so far. Hence, the petitioner is before this Court with the above prayer.

3. It is represented by the learned Additional Government Pleader appearing for R1 & R2 that an enquiry would be conducted under Section 68 of the Registration Act to ascertain about the veracity of registration of settlement deed and if there is any error, the same would be rectified and registration would be cancelled. It is further represented that in case there is any malpractices found during enquiry, a criminal prosecution will be initiated in terms of 83 of the Registration Act.

4. In view of the above submission, the Writ Petition is disposed of, with a direction to the 2nd Respondent, before whom the complaint / representation dated 21.07.2015 is stated to be pending, to complete the enquiry within a period of four months from the date of receipt of a copy of this order and no encumbrance shall take place in the properties in question till a final decision is taken thereon in terms of Sections 68 and 83 of the Registration Act. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CSI) // True Copy // / /2020 Sub Assistant Registrar(CS) ar To:

1.Inspector General of Registration, Santhome High Road, Chennai-600 028.

2.The District Registrar Madurai South (in the cadre of Asst. Inspector General of Registration), No.171, Palace Road, Madurai-625 001.

+1 CC to M/s.SPL GP ( SR-19884[F] dated 13/10/2020 ) +1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-19928[F] dated 13/10/2020 ) W.P.(MD)No.15004 of 2015 12.10.2020 KG(CO) KB(29.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2