N.Sermadurai vs The Inspector General Of Registration on 11 October, 2023

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Madras High Court

N.Sermadurai vs The Inspector General Of Registration on 11 October, 2023

Bench: N.Anand Venkatesh

                                                                      W.P.(MD)No.2550 of 2021




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 11.10.2023

                                                    CORAM

                          THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                           W.P.(MD)No.2550 of 2021

                    N.Sermadurai                                           ... Petitioner
                                                        Vs.

                    1.The Inspector General of Registration,
                      No.100, Santhome High Road,
                      Raja Annamalai Puram,
                      Chennai - 600028.

                    2.The District Registrar
                      Madurai North Combined Registration Office,
                      Thirumohoor Road,
                      Y.Othakadai, Madurai.

                    3.The Sub - Registrar
                      Othakadai Sub Registrar Office,
                      Combined Registration Office,
                      Thirumohoor Road,
                      Y.Othakadai,
                      Madurai.

                    4.Mahasemam Trust
                      Registrar No. 150/1999,
                      Represented by its President, Dr.N.Sethuraman

                    5.S.Gurushankar                                        ...Respondents



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https://www.mhc.tn.gov.in/judis
                                                                       W.P.(MD)No.2550 of 2021

                    PRAYER: Writ Petition filed under Article 226 of the Constitution of
                    India for issuance of Writ of Mandamus, directing the 2nd Respondent to
                    conduct enquiry on Petitioner’s compliant dated 22.06.2019 regarding
                    fraudulent registration of deed of exchange without any right and restore
                    the land in the name of the trust.

                                        For Petitioner           : Mr.K.Ramasamy

                                        For R-1 to R-3          : Ms.D.Farjana Ghoushia,
                                                                Special Government Pleader

                                        For R-4                 : Mr.S.Ramesh


                                                     ORDER

This Writ Petition has been filed for the issue of writ of mandamus directing the second respondent to conduct the enquiry based on the complaint given by the petitioner on 22.06.2019 regarding the fraudulent registration of the documents.

2. Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for respondent Nos. 1 to 3 and learned counsel appearing for the fourth respondent.

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3. It is seen from the records that there is already a civil suit pending in O.S.No.412 of 2014 on the file of the District Munsif Court, Melur. In view of the same, the dispute has to be finally decided by the competent Civil Court and in the mean time, the District Registrar cannot parallelly conduct an enquiry with regard to the execution of the deed of exchange by the Trust. Even otherwise, the deed of exchange that has been executed by the Trust, cannot be a subject matter of enquiry by the second respondent. This Court does not find any merits in this Writ Petition and accordingly, the same stands dismissed. No costs.

11.10.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To

1.The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalai Puram, Chennai - 600028.

2.The District Registrar Madurai North Combined Registration Office, Thirumohoor Road, Y.Othakadai, Madurai.

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.2550 of 2021 N.ANAND VENKATESH, J.

tsg

3.The Sub - Registrar Othakadai Sub Registrar Office, Combined Registration Office, Thirumohoor Road, Y.Othakadai, Madurai.

W.P.(MD)No.2550 of 2021

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