Madras High Court
Yogapriya vs The District Registrar on 22 November, 2019
Author: T.Raja
Bench: T.Raja
W.P.No.14162 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.14162 of 2016
1. Yogapriya
W/o N.Suresh
2. Samiyathal
W/o T.Elango .. Petitioners
-vs-
The District Registrar
Administration
O/o Registration
Tiruppur .. Respondent
Petition under Article 226 of the Constitution of India, praying to issue a
Writ of Mandamus, directing the respondent to pass further orders pursuant to
the orders passed by the respondent in his proceedings Na.Ka.No.1657/B1/2013
dated 6.8.2013 by taking note of this Hon'ble Court order passed in W.P.No.1678
of 2016 dated 1.3.2016.
For Petitioners :: Mr.C.Prakasam
For Respondent :: Mr.P.P.Purushothaman
Government Advocate
ORDER
Mrs.Yogapriya and Mrs.Samiyathal, the petitioners 1 & 2 herein jointly purchased 0.99 acres situated in Survey No.39/1B, Nallur Village, Tiruppur Taluk 1/6 http://www.judis.nic.in W.P.No.14162 of 2016 under a registered sale deed bearing Document No.4258 of 2011 on 23.11.2011 on the file of the Sub Registrar, Nallur, Tiruppur District from Mr.M.Paulraj, Mr.M.M.V.Thirugnanasambandam and Ms.Poonkodi. It is also stated that the petitioners vendors purchased the above said land from one R.Senthilkumar, who had purchased the said land in Document No.2628 of 1990 as per the partition deed in Document No.196 of 1999 after going through the entire title deeds. Surprisingly, one Chandrasekaran and Venkatachalam prepared bogus documents as if they purchased the said land from one Nachimuthu Gounder as per Document No.197 of 2006 on the file of the Sub Registrar, Nallur. But the said Nachimuthu Gounder already died on 22.4.83 itself without knowing that the said Chandrasekaran and Venkatachalam prepared forged documents and registered the same in the office of the Sub Registrar, Nallur and also made an attempt to sell the same to third parties. After knowing the said forged document, the petitioners made a written representation before the respondent with a request to conduct enquiry under Section 83 of the Registration Act for cancellation of the forged document No.197 of 2006. The respondent also thereafter conducted an enquiry by giving notice to the said Chandrasekaran and Venkatachalam. In the enquiry, the petitioners produced all the records including the original title deeds of the said land. But the said Chandrasekaran and Venkatachalam did not even produce any document of title. Therefore, the 2/6 http://www.judis.nic.in W.P.No.14162 of 2016 respondent came to the conclusion that the said Chandrasekaran and Venkatachalam failed to prove their purchase through document No.197 of 2006 and finally found that the said document was a forged one which is said to have been executed by a dead person. Accordingly, an order was passed on 6.8.2013 bearing Na.Ka.No.1657/B1/2013 declaring that the document No.197 of 2006 is a forged document prepared by the said Chandrasekaran and Venkatachalam and also decided to cancel the document No.197 of 2006. But in view of the stay granted by this Court with regard to the Circular No.67 of 2011 dated 3.11.2011, the respondent officials expressed their inability to cancel the said document and withheld their decision. Thereafter, the Circular No.67 dated 3.11.2011 itself was withdrawn in letter No.41530/U1/2017 dated 20.10.2017 by the Inspector General of Registration, Chennai. In view thereof, every document could not be cancelled. However, there is a finding recorded in proceedings Na.Ka.No.1657/B1/2013 dated 6.8.2013 by the respondent that the document No.197 of 2006 was a forged one. Hence, the District Registrar should direct the Registering Officer, namely, the Sub Registrar, Nallur to file a police complaint for registration of criminal case against the fraudsters with a further direction to make necessary entry in index (ii) and also in the document, as directed in the Circular Letter No.41530/U1/2017 dated 31.7.2018 issued by the Inspector General of Registration invoking the power under Section 69 of the Registration 3/6 http://www.judis.nic.in W.P.No.14162 of 2016 Act, 1908.
2. The learned Government Advocate for the respondent also states that since an order has already been passed on 6.8.2013 by the respondent-District Registrar declaring the document No.197 of 2006 as a forged document, he will direct the Sub Registrar, Nallur to file a police complaint for registration of criminal case against the said Chandrasekaran and Venkatachalam.
3. This Court is also able to see that the order dated 6.8.2013 passed by the District Registrar, Tiruppur clearly says that the aforementioned two persons have played fraud and registered a forged document. But even after six years, no criminal case has been lodged against the above said fraudsters. Therefore, this Court hereby directs the respondent-District Registrar to direct the Sub Registrar, Nallur to register a criminal case against the said Chandrasekaran and Venkatachalam, in the light of the order dated 6.8.2013 declaring the document No.197 of 2006 as a forged document, within a period of two weeks from the date of receipt of a copy of this order. With this direction, the writ petition stands allowed. Consequently, W.M.P.No.12389 of 2016 is closed. No costs.
4. Considering the fact that the District Registrar, Tiruppur has not taken 4/6 http://www.judis.nic.in W.P.No.14162 of 2016 any action for directing the registration of criminal case against the aforementioned two persons even during the pendency of the writ petition, this Court deems it fit to impose costs of Rs.10,000/- on the District Registrar, Tiruppur who served at the relevant point of time payable from his pocket to the Secretary, High Court Legal Services Committee for the delay in the registration of a criminal case against the aforementioned two persons.
Registry is directed to post the matter after four weeks from the date of receipt of a copy of this order for reporting compliance.
Speaking/Non speaking order 22.11.2019
Index : yes/no
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To
1. The District Registrar
Administration
O/o Registration
Tiruppur
5/6
http://www.judis.nic.in
W.P.No.14162 of 2016
T.RAJA, J.
ss
W.P.No.14162 of 2016
22.11.2019
6/6
http://www.judis.nic.in