R.Rajagopal v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Rajagopal ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Pattinampakkam, Santhome, Raja Annamalaipuram, Chennai.

2.The District Collector, Madurai District, Madurai.

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

4.The District Revenue Officer, Madurai District, Madurai.

5.The Sub Registrar, Elumalai Sub Registrar Office, Elumalai, Madurai District.

6.Vijayalakhsmi 7.C.Thillaiyambala Natarajan ... Respondents 1/5

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 3 & 5 to conduct enquiry and to cancel the forged documents viz., 1) Gift Settlement Deed executed in favour of the 6th respondent vide Doc.No.2908/2024 dated 03.09.2024 in Book No.1 and 2) Sale Deed executed by the 6th respondent in favour of the 7th respondent vide Doc.No.3549/2024 dated 30.10.2024 before the 5th respondent Sub Registrar Office, by considering the petitioner's representation dated 06.12.2024.

For Petitioner : Mr.R.Yamuna For R1 to R5 : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

This writ petition has been filed for a direction directing the respondents 3 & 5 to conduct an enquiry and to cancel the forged documents viz., 1) Gift Settlement Deed executed in favour of the 6th respondent vide Doc.No.2908/2024 dated 03.09.2024 in Book No.1 and 2) Sale Deed executed by the 6th respondent in favour of the 7th respondent vide Doc.No.3549/2024 dated 30.10.2024 before the 5th respondent Sub Registrar Office.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. Though this Court declared the provision under Section 77-A of the Registration Act as unconstitutional, the third respondent can very well conduct an enquiry under Section 82 and 83 of the Registration Act based on the complaint lodged by the petitioner.

5. In view of the above, without expressing any opinion on merits of the writ petition, the third respondent is directed to conduct an enquiry on the complaint lodged by the petitioner and pass orders on merits and in accordance with law by issuing notice to the petitioner and the respondents 6 & 7 and after giving an opportunity of hearing.

6. With the above direction, the writ petition is disposed of. No costs. Internet : Yes Index : Yes/No 02.01.2025 Speaking/Non Speaking order am 3/5

To 1.The Inspector General of Registration, No.100, Santhome High Road, Pattinampakkam, Santhome, Raja Annamalaipuram, Chennai.

2.The District Collector, Madurai District, Madurai.

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

4.The District Revenue Officer, Madurai District, Madurai.

5.The Sub Registrar, Elumalai Sub Registrar Office, Elumalai, Madurai District.

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G.K.ILANTHIRAIYAN, J.

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