Madras High Court
Arumugam vs The Inspector General Of Registration on 4 March, 2026
Author: Abdul Quddhose
Bench: Abdul Quddhose
WP No. 7525 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-03-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
WP No. 7525 of 2026
Arumugam
Petitioner(s)
Vs
1. the Inspector general of Registration
No.100, Santhom Road, Chennai-600
028
2.The District Registrar
District Registration office, Dharmapuri
3.The Sub Registrar
office of Sub Registration, Palacode,
Dharmapuri
4.the Sub Registrar
office of sub Registration, Bhavani
5.T.venkatesan
6.Sampuranam
7.Sakthivel
office of Sub Registration, Pennagaram
Dharmapuri
Respondent(s)
PRAYER
directing the 1st and 2nd respondents to forthwith consider the representation of
the petitioner dated 02.01.2026 and to conduct enquiry as against the
respondents 3 to 7 under section 82 r/w 83 of the Registration Act after
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2026 01:44:03 pm )
WP No. 7525 of 2026
affording opportunity to both parties within a stipulated time as fixed by this
Honourable Court.
For Petitioner(s): Mr.M.Selvam
For Respondent(s): Mr.U.Baranidharan,SGP
For R1 to 4
Notice dispensed with for R5 to 7
ORDER
This writ petition has been filed to direct respondents 1 and 2 to launch prosecution against respondents 3 to 7 as per the provisions of Section 82 read with Section 83 of the Registration Act, 1908, based on the petitioner’s representation dated 02.01.2026.
2.Mr.U.Baranidharan, learned Special Government Pleader accepts notice on behalf of respondents 1 to 4. Since no adverse order is being passed against respondents 5 to 7, notice to respondents 5 to 7 is dispensed with by this Court.
3.As per Section 82 read with Section 83 of the Registration Act, 1908, the discretion is vested with the registering officer to launch prosecution in case false statements/delivering false copies of translations/false personation/ abetment was made by any of the parties to the registered document. Being a discretion vested with the registering officer, the petitioner cannot compel the registering authority to launch prosecution as per provisions of Section 82 read with Section 83 of the Registration Act, 1908 against respondents 3 to 7, who https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2026 01:44:03 pm ) WP No. 7525 of 2026 according to the petitioner had committed violations, which falls within the purview of Section 82 read with Section 83 of the Registration Act, 1908. Therefore, once a representation has been given by the petitioner on 02.01.2026 to respondents 1 and 2 requesting them to launch prosecution against respondents 3 to 7 as per provisions of Section 82 read with Section 83 of the Registration Act, 1908, the petitioner cannot file a writ petition before this Court compelling respondents 1 and 2 to launch prosecution against respondents 3 to 7.
4.Section 82 read with Section 83 of the Registration Act, 1908 does not stipulate that once a representation is given by any party directing the registering authority to launch prosecution, necessarily, the registering authority will have to launch prosecution against the alleged erring authorities as per provisions of Section 82 read with Section 83 of the Registration Act, 1908. Being a discretion vested with the registering officer, the question of directing respondents 1 and 2 to further proceed with the petitioner’s representation dated 02.01.2026, which is the subject matter of this writ petition does not arise. If respondents 1 and 2 have not launched prosecution under Section 82 read with Section 83 of the Registration Act, 1908, the only remedy available to the petitioner is to set the criminal law in motion by lodging a criminal complaint against respondents 3 to 7 for the alleged violations committed under Section 82 of the Registration Act, 1908.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2026 01:44:03 pm ) WP No. 7525 of 2026
5.For the foregoing reasons, this Court finds that this writ petition cannot be entertained by this Court. Accordingly, this writ petition is disposed of by granting liberty to the petitioner to set the criminal law in motion if so advised by lodging a criminal complaint before the concerned police against respondents 3 to 7 in case respondents 3 to 7 have committed violations as per provisions of Section 82 read with Section 83 of the Registration Act, 1908. No costs.
04-03-2026 vga https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2026 01:44:03 pm ) WP No. 7525 of 2026 To
1.the Inspector general of Registration No.100, Santhom Road, Chennai-600 028
2.The District Registrar District Registration office, Dharmapuri
3.The Sub Registrar office of Sub Registration, Palacode, Dharmapuri
4.the Sub Registrar office of sub Registration, Bhavani https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2026 01:44:03 pm ) WP No. 7525 of 2026 ABDUL QUDDHOSE J.
vga WP No. 7525 of 2026 04-03-2026 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2026 01:44:03 pm )