Madras High Court
Shanthameenakshi vs The District Registrar on 4 June, 2015
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2015 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.20689 of 2014 1.Shanthameenakshi 2.Lakshmiraja ... Petitioners Vs. 1.The District Registrar, 171, Palace Road, Madurai-1. 2.The Sub-Registrar, V.M.R.Complex, Vasantha Nagar, Palanganatham, Madurai-3. 3.Thavasi ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to conduct an enquiry in respect of the forged sale deed dated 23.08.2013 bearing Document No.8436/2013 executed in the name of the 2nd Respondent in respect of the property comprised in S.No.170/18D1A, Door No.27, Palanganatham, Madakulam Village, Madurai in consonance with the Circular No.67 dated 03.11.2011, Inspector General of Registration, Chennai on the basis of the representation dated 01.12.2014. !For Petitioners : Mr.R.G.Shankar Ganesh For Respondents : Mr.T.R.Janarthanan, Additional Government Pleader for R1 and R2 No appearance for R3 O R D E R
This writ petition has been filed for a Writ of Mandamus directing the first respondent to conduct enquiry in respect of the forged sale deed dated 23.08.2013 bearing Document No.8436/2013 executed in the name of the second respondent in respect of the property comprised in S.No.170/18D1A, Door No.27, Palanganatham, Madakulam Village, Madurai in consonance with the Circular No.67 dated 03.11.2011 of the Inspector General of Registration, Chennai, on the basis of the representation of the petitioners dated 01.12.2014.
2.It is stated in the affidavit filed in support of this writ petition that as per Circular No.67 dated 03.11.2011, the Inspector General of Registration, Chennai has empowered the District Registrars all over the State to conduct enquiries in respect of fraudulent transactions and for cancellation of the same if the smae had been executed on impersonation and on other grounds. It is also stated that the writ petitions filed against the said Circular were also dismissed by this Court. Now, the learned counsel for the petitioners seek the indulgence of this Court for a direction to the first respondent to consider the representation of the petitioners dated 01.12.2014 and pass appropriate orders on merits.
3.Heard the learned counsel appearing on both sides.
4.Considering the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of directing the first respondent to consider the representation of the petitioners dated 01.12.2014 on merits and in accordance with law, after affording due opportunity to the third respondent as well as the petitioners, and pass appropriate orders in the light of Circular No.67 dated 03.11.2011 of the Inspector General of Registration, Chennai, within a period of six weeks from the date of receipt of a copy of this order. No costs.
To
1.The District Registrar, 171, Palace Road, Madurai-1.
2.The Sub-Registrar, V.M.R.Complex, Vasantha Nagar, Palanganatham, Madurai-3.