Madras High Court
M.M.M.K.Sahul Hameed Maraikayar vs The Inspector General Of Registration on 15 October, 2014
Author: M.Venugopal
Bench: M.Venugopal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2014 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition No.16834 of 2014 and M.P.(MD)No.1 of 2014 M.M.M.K.Sahul Hameed Maraikayar ... Petitioner Vs. 1.The Inspector General of Registration, 100, Santhome Highway, Santhome, Chennai. 2.The District Collector, Ramanathapuram District, Ramanathapuram. 3.The District Registrar, Ramanathapuram District, Ramanathapuram. 4.The Sub Registrar, Rameswaram, Ramanathapuram District. 5.M.M.K.S.Subaithambal Natchiyar ... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 3rd Respondent to take action against the 5th Respondent in accordance with Circular No.67, dated 03.11.2011 for fraudulent registration by considering the Petitioner's representation dated 16.09.2014 within the period that may be stipulated by this Court. !For Petitioner :Mr.C.Venkatesh Kumar For M/s.Ajmal Associates For Respondents :Mr.K.Guru, Addl.Govt. Pleader :ORDER
Heard Mr.C.Venkatesh Kumar, the Learned Counsel appearing for the Petitioner and Mr.K.Guru, the Learned Additional Government Pleader appearing for the Respondents.
2. According to the Petitioner, his mother Subaithambal Nachiyar is entitled to the property in S.No.367, Re-Survey Nos.5403 and 5403/1, situated at George Town, Sembudoss Street, Chennai and Survey Nos.124 and 996/43 in Patta Nos.693 and 936, Rameswaram, Ramanathapuram District and the said properties were settled in favour of the Petitioner through a Document 3502/1971, by means of Settlement Deed and he is in possession and enjoyment of the same till date by paying necessary Tax and Kist to the Government without any default.
3. The Petitioner approached the Revenue Authorities for paying Taxes and was shocked to see that the above said properties were mutated in the name of his son-in-law Mohideen Anwar Maraikayar and granddaughter Sulthan Meera Natchiyar and therefore, he applied for Encumbrance Certificate and found that a fraudulent document was executed by his daughter Subaithambal Natchiyar to her son and daughter, by means of Settlement Deed, dated 03.02.2011 in Doc.No.329/11 stating that he has given 'HIBA' (oral gift) to his daughter and as such, she is entitled to the properties.
4. It comes to be known that another Settlement Deed was registered on 28.04.2014, before the Sub Registrar, Rayapuram, Chennai, by the Son-in-law of the Petitioner and at no point of time, according to the Petitioner, he had gifted or alienated the properties in Chennai and Ramanathapuram, in the aforesaid Survey Number viz., S.No.367, Re-Survey Nos.5403 and 5403/1. The Settlement Deeds were created one and they had committed fraud and had registered the same before the concerned Sub Registrar's Office. The clear cut case of the Petitioner is that the entire transaction was done by the private Respondent with an intention to commit fraud and grab his properties.
5. The limited prayer sought for by the Petitioner in the present Writ Petition is for passing of an order by this Court in directing the 3rd Respondent to take action against the 4th Respondent, in accordance with the with Circular No.67, dated 03.11.2011, for fraudulent registration, by considering the Petitioner's representation, dated 16.09.2014.
6. In view of the fact that the Petitioner in his representation dated 16.09.2014, addressed to the District Registrar, Ramanathapuram District, had only sought for taking necessary action, based on his complaint / representation in regard to the fabrication of the Document Nos.329/11 and 205/14, based on the Circular No.67, dated 03.11.2011, issued by the Inspector General of Registration, Chennai-28, this Court without going into the merits of the matter, in the interest of justice and Fair Play, directs the 3rd Respondent / the District Registrar, Ramanathapuram District, Ramanathapuram, to look into the representation of the Petitioner, dated 16.09.2014, in a Fair, Just and Dispassionate manner and dispose off the same on merits, of course, after providing necessary opportunity to the Petitioner and others, if any, by adhering to the principles of natural justice, within a period of four weeks from the date of receipt of a copy of this order. The 3rd Respondent is directed to pass order in a dispassionate manner, uninfluenced with any of the observations made by this Court in this Writ Petition, within a time determined by this Court, as stated supra.
7. With the aforesaid direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous Petition is closed.
15.10.2014 Index : Yes / No Internet : Yes / No MPK M.VENUGOPAL, J.
MPK To
1.The Inspector General of Registration, 100, Santhome Highway, Santhome, Chennai.
2.The District Collector, Ramanathapuram District, Ramanathapuram.
3.The District Registrar, Ramanathapuram District, Ramanathapuram.
4.The Sub Registrar, Rameswaram, Ramanathapuram District.
Writ Petition No.16834 of 2014 15.10.2014