C.Kaleeswari, v. The Inspector General Of Registration,

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 09.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.35232 of 2025 C.Kaleeswari ... Petitioner Vs 1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhom High Road, Raja Annamalaipuram, Chennai.

2.The District Registrar, O/o. the District Registrar, Registration Department, Karur District.

3.The Sub Registrar, O/o. the Sub Registrar, Registration Department, Kadavur Taluk, (Presently at Tharagampatti) Karur District.

4.Sivakumar ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd Respondent to conduct an enquiry and pass Speaking Order by invoking the provision U/s. 83 of the Registration Act by considering the Petitioner's 1/6

Representation dated 26.11.2025 within time frame as fixed by this Court.

For Petitioner : Mr.D.S.Haroon Rasheed For R1 to R3 : Mr.M.Lingadurai Special Government Pleader

O R D E R

This writ petition has been filed seeking direction to the 2nd Respondent to conduct an enquiry and pass Speaking Order by invoking the provision U/s. 83 of the Registration Act by considering the Petitioner's Representation dated 26.11.2025 within time frame as fixed by this Court.

2. Heard the learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who takes notice on behalf of the respondents 1 to 3. Since no adverse order is going to be passed against the fourth respondent, notice to him is dispensed with.

3. By consent, this writ petition is taken up for final disposal at the admission stage itself.

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4. It is the case of the petitioner that initially his father executed a 'Will' in favour of his all five heirs. However, one Sivakumar, the son of the petitioner's sister, had obtained forged signature from the petitioner's father, who was not in a sound state of mind and lacked proper consciousness, and thereby, fraudulently grabbed the family property by creating forged documents and he is also attempting to sell the property to a third party. Hence, the petitioner sent a representation to the official respondent to conduct enquiry in this regard under Section 83 of the Registration Act. Since the same has not been considered so far, the petitioner has filed the above petition.

5. Insofar as the present case is concerned, this Court is of the considered view that it is not appropriate to direct the second respondent to conduct enquiry under Section 83 of the Registration Act, when the petitioner had knowledge about the commission of offence committed by the son of his sister, fourth respondent herein. The petitioner can very well directly file a complaint before the concerned police in this regard and once the complaint is registered, the concerned police is bound to conduct enquiry in accordance with law.

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6. As far as lodging of criminal complaint by authorities is concerned, if the Authorities learnt about the alleged fabrication of records on part of the private respondent, without the petitioner having knowledge about the same, then the Authorities will take up the issue and lodge a criminal complaint. However, once the affected party, i.e., the petitioner herein, gains knowledge, he is entitled to file a complaint on the aspect of alleged fabrication of records. This aspect was also upheld by the Apex Court in number of Judgments.

7. Such being the case, this Court directs the petitioner to file a complaint before the concerned Police Authorities with regard to the alleged fabrication of documents on the part of the fourth respondent, in which cases, concerned police shall take up the complaint on record and conduct enquiry after registering the complaint.

8. Accordingly, this Writ Petition is dismissed granting the aforesaid liberty to the petitioner. No costs. 09.12.2025 Index : Yes/No Internet: Yes/No Rmk 4/6

To 1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhom High Road, Raja Annamalaipuram, Chennai.

2.The District Registrar, O/o. the District Registrar, Registration Department, Karur District.

3.The Sub Registrar, O/o. the Sub Registrar, Registration Department, Kadavur Taluk, (Presently at Tharagampatti) Karur District.

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KRISHNAN RAMASAMY, J.

Rmk W.P.(MD)No.35232 of 2025 09.12.2025 6/6