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Madras High CourtWP(MD)/34526/2025dismissed

S.Arockiyasamy Alias Arockiam v. The Deputy Inspector General Of Registration

2025-12-02Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 02.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.34526 of 2025 S.Arockiyasamy @ Arockiam ... Petitioner Vs

1. The Deputy Inspector General of Registration, Deputy Inspector General of the Registration Office, Madurai District.

2. The District Registrar, District Registrar's Office, Dindigul District.

3. The Sub Registrar , Sub Registrar Office, Kannivadi, Dindigul District.

4. S.Arulandhu

5. Annammal

6. Sebasthiyammal

7. Kasmer Raja ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to 1/6

conduct enquiry and take appropriate action under Sections 68 and 83 of the Registration Act based on the representation of the petitioner dated 30.07.2025.

For Petitioner : Mr.A.Mohamed Riyaz For Respondents : Mr.K.S.Selvaganesan, Addl. Govt. Pleader for R1 to R3

O R D E R

This Writ Petition is filed seeking a direction to the 2nd respondent to conduct enquiry and take appropriate action under Sections 68 and 83 of the Registration Act, based on the representation of the petitioner dated 30.07.2025.

2. According to the petitioner, the subject property was inherited to the petitioner and his brother and they are in possession of the said property. However, the respondents 4 to 7, who are the legal heirs of co-sharers of the subject property, have executed two sale deeds in respect of the subject property fraudulently and the same were registered by the third respondent. After knowing the said registration, 2/6

the petitioner has made a representation on 30.07.2025, seeking to conduct enquiry and take appropriate action Under Sections 68 and 83 of the Registration Act, 1908. Since the said representation was not considered till date, the petitioner has approached this Court.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that in the event, if any commission of offence under the Registration Act came to the knowledge of the affected parties in the process of registering the document, they would make a complaint to the jurisdictional police station for committing criminal offence and after registering FIR, they will proceed in accordance with law.

4. Admittedly, the respondents 4 to 7 have fraudulently registered the subject property, in which the petitioner is entitled to equal share. Since there is a commission of criminal offence, the petitioner has every right to approach the concerned jurisdictional police station and make a complaint with regard to the said fraudulent transaction. 3/6

5. In view of the above observations, this Writ Petition is dismissed, granting liberty to the petitioner to approach the concerned jurisdictional police station and make appropriate complaint with regard to the fraudulent registration. There shall be no order as to costs. 02.12.2025 Index : Yes/No Internet: Yes/No vsm 4/6

To

1. The Deputy Inspector General of Registration, Deputy Inspector General of the Registration Office, Madurai District.

2. The District Registrar, District Registrar's Office, Dindigul District.

3. The Sub Registrar , Sub Registrar Office, Kannivadi, Dindigul District.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.34526 of 2025 02.12.2025 6/6