Pandi .S v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Pandi ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai - 600 004.

2.The District Registrar, 171, Palace Road, Madurai South, Madurai.

3.The Sub Registrar, Checkanurani Sub Registrar Office, Checkanurani, Madurai District.

4.Pandiyammal 5.Chinna Pandiyammal 6.Amutha 1/5

7.Sridevi 8.B.Nagarajan 9.Azhagi 10.A.Rajendran 11.Pechi 12.S.Sasikumar 13.N.Ramesh ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to complete the enquiry under amended Section 77A of the Registration Act, 1908 for the cancellation of the fraudulent power of attorney deed in Doc. No.534/2020 dated 17.02.2020 executed by the respondents 4 to 11 in favour of the respondents 12 and 13 in respect of the petitioner's property in S. No.77/28A to an extent of 80 cents situated at Kangar Puliyankulam Village, Thirumangalam Taluk, Madurai District.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.M.Siddharthan Additional Government Pleader for R.1 to R.3 2/5

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3.

2.Even though the petitioner had originally invoked Section 77A of the Registration Act, 1908, the learned counsel appearing for the petitioner submits that he will be satisfied if enquiry is conducted as per the circulars issued by the Inspector General of Registration. The document is of the year 2020. The circlars issued by the Inspector General of Registration read as follows:

"(a) Letter No.41350/U1/2017 dated 31.07.2018 (b) Letter No.41350/U1/2017 dated 21.12.2020" The first respondent is directed to hold an enquiry in terms of the aforesaid circulars and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. It 3/5

is for the first respondent to put on notice all the interested parties including the private respondents herein before passing orders.

3. This writ petition is disposed of accordingly. There shall be no order as to costs.

21.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai - 600 004.

2.The District Registrar, 171, Palace Road, Madurai South, Madurai.

3.The Sub Registrar, Checkanurani Sub Registrar Office, Checkanurani, Madurai District.

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G.R.SWAMINATHAN, J.

MGA 21.12.2023 5/5