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Madras High CourtWP(MD)/69/2024disposed of

Annamalai .A.R v. The Inspector General Of Registration,

2025-01-07Honourable Mr Justice G.K. Ilanthiraiyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.R.Annamalai ... Petitioner Vs.

1.The Inspector General of Registration, Having Office at No.100, Santhome High Road, Chennai.

2.The District Registrar, Tiruchirappalli District.

3.The Sub-Registrar, Woraiyur Sub-Registrars Officer, Tiruchirappalli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 16.11.2023 and to cancel the documents bearing Nos.1049/2006, on the file of the 3rd respondent in accordance with law within a period fixed by this Court.

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For Petitioner : Mr.K.S.Kathiravan For Respondent : Mr.S.P.Maharajan, Spl. Government Pleader.

ORDER

This writ petition has been filed for a direction to cancel the documents bearing Nos.1049/2006, 3521/2010, 549/2011, 553/2011, 5247/2013, 5248/2013 and 3674/2014 registered on the file of the third respondent in accordance with law by considering the petitioner's representation.

2.The petitioner had purchased the said property comprised in S.No.51/2to an extent of 2740 sq. ft at Plot No.11, Sengasolai Village, Malliyampathu Village Panchayat, Trichirappali District by registered sale deed dated 15.09.1995 vide Document No.2478/1995. While being so, third parties impersonated themselves as the petitioner and fraudulently registered document vide document Nos.1049/2006, in respect of subject property. Therefore, the petitioner lodged complaint before the District Crime Branch, Tiruchirappalli. After registration of 2/6

FIR, enquiry was conducted and final report was filed. The same was taken on file by the Special Court dealing with Land Grabbing Cases in C.C.No.9 of 2022 and conducted full pledged trial. Vide order dated 16.12.2022, the third respondent was directed to cancel the document Nos.1049/2006, 3521/2010, 549/2011, 553/2011, 5247/2013, 5248/2013 and 3674/2014. However, the third respondent did not make necessary entries in the revenue records. Hence, this writ petition came to be filed. 3.Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondent and perused the materials on record.

4.Though the Special Court directed the third respondent to cancel the documents, the third respondent has no power to cancel the documents. However, the third respondent can record in the book of record the order of the Special Court. Hence, the third respondent is directed to record the order passed by the Special Court for Land Grabbing Cases, Trichy in the book of record within a period of two weeks from the date of receipt of a copy of this order. The third 3/6

respondent is also directed to not to entertain any document in pursuant to the registration of the documents in Document Nos.1049/2006, in future.

5.With the above directions, this writ petition is disposed of. No costs.

07.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Inspector General of Registration, Having Office at No.100, Santhome High Road, Chennai.

2.The District Registrar, Tiruchirappalli District.

3.The Sub-Registrar, Woraiyur Sub-Registrars Officer, Tiruchirappalli District.

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G.K.ILANTHIRAIYAN, J.

ias 07.01.2025 6/6