Madras High Court
J.Kathirvel vs The Inspector General Of Registration on 25 July, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.Nos.34236 of 2017 & 4208 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.34236 of 2017 & 4208 of 2018
and
WMP.Nos.38123 & 38124 of 2017 and 5149 to 5154 of 2018
W.P.No.34236 of 2017:
J.Kathirvel ...Petitioner in W.P.No.34236 of 2017
Vs.
1. The Inspector General of Registration,
No.100, Santhome High Road, Chennai - 600 028.
2. The District Registrar,
Registration Department,
Kancheepuram District,
Kancheepuram.
3. The Sub Registrar,
Guduvancherry Sub Registrar Office,
Guduvancherry, Chengalpet Taluk,
Kancheepuram District.
4. The Superintendent of Police,
Kancheepuram District,
Kancheepuram.
5. The Inspector of Police,
Guduvanchery Police Station,
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W.P.Nos.34236 of 2017 & 4208 of 2018
Guduvanchery, Kancheepuram District.
6. The Inspector of Police, (Land Grabbing Cell),
District Crime Branch,
Kancheepuram, Kancheepuram District.
7. S.Govindasamy
8. P.S.Jagannathan ...Respondents in W.P.No.34236 of
2017
W.P.No.4208 of 2018:
J.Kathirvel ...Petitioner in W.P.No.4208 of 2018
Vs.
1. The Inspector General of Registration,
No.100, Santhome High Road, Chennai - 600 028.
2. The District Registrar,
The District Registrars Office, (Chennai South),
No.9, Jeenis Road, Saidapet,
Chennai - 600 015.
3. The District Registrar,
Registration Department,
Kancheepuram District,
Kancheepuram.
4. The Sub Registrar,
Guduvancherry Sub Registrar Office,
Guduvancherry, Chengalpet Taluk,
Kancheepuram District.
5. The Superintendent of Police,
Kancheepuram District,
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W.P.Nos.34236 of 2017 & 4208 of 2018
Kancheepuram.
6. The Inspector of Police,
Guduvanchery Police Station,
Guduvanchery, Kancheepuram District.
7. The Inspector of Police, (Land Grabbing Cell),
Office of the Superintendent of Police,
Kancheepuram, Kancheepuram District.
8. S.Govindasamy
9. P.S.Jagannathan
10. J.Sivaranjini
11. K.Gayathri
12. G.Sridevi ...Respondents in W.P.No.4208 of 2018
Prayer in W.P.No.34236 of 2017: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorari calling for the concerned
records relating to the document dated 24.07.2017 vide Document No.7574
of 2017 registered by the 3rd respondent property situate at 23,
Vengadamangalam Village, Sri Ganapathy Nagar, Old Survey No.27/2, New
Survey No.27/2D, Site No.630 and 631 to an extent of 4800 Sq.ft. and
quash the same.
Prayer in W.P.No.4208 of 2018: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus directing the respondents
1 & 2 to cancel the illegal registration done in document infavour of the 10th
respondent vide Document No.10338/2017 dated 05.10.2017 in respect of
our property situated at 23, Vengadamangalam Village, Sri Ganapathy
Nagar, Old Survey No.27/2, New Survey No.27/2D, patta No.1095, site
No.630 to the extent of 2400 Sq.ft., and Document infavour of the 11th
respondent vide document No.10339/2017 dated 05.10.2017 in respect of
our property situated at 23, Vengadamangalam Village, Sri Ganapathy
Nagar, Old Survey No.27/2, New Survey No.27/2D, patta No.1095, site
No.631 to the extent of 1200 Sq.ft., and Document infavour of the 12th
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W.P.Nos.34236 of 2017 & 4208 of 2018
respondent vide document No.10340/2017 dated 05.10.2017 in respect of
our property situated at 23, Vengadamangalam Village, Sri Ganapathy
Nagar, Old Survey No.27/2, New Survey No.27/2D, patta No.1095, site
No.631 to the extent of 1200 Sq.ft., pursuant to the same being declared as
fraudulent and wrongly registered by the 4th respondent within a stipulated
time limit.
In both W.Ps.
For Petitioner : Mr.G.Pavendhan
In W.P.No.34236 of 2017
For Respondents : Mr.Yogesh Kannadasan, Spl.GP, for R1-
R6
In W.P.No.4208 of 2018
For Respondents : Mr.Yogesh Kannadasan, Spl.GP, for R1-
R7
: Mr.M.Vijayanand, for R10 to R12
ORDER
When the matter was taken up for hearing, learned counsel for the petitioner submitted that, though the petitioner has filed these Writ petitions challenging the fraudulent Power of Attorney Document No.7574 of 2017 dated 24.07.2017 and the Sale Deeds Document Nos.10338, 10339 & 10340 of 2017 dated 05.10.2017 executed inbetween the private respondents, however, during the pendency of these Writ petitions, pursuant 4/8 https://www.mhc.tn.gov.in/judis W.P.Nos.34236 of 2017 & 4208 of 2018 to the complaint filed by the petitioner, the District Registrar, Chennai South, conducted enquiry and held that the above said documents executed inbetween the private respondents are fraudulent documents, vide, order dated 07.05.2018 and subsequently directed the Sub Registrar, Guduvanchery to take appropriate action.
2. Pursuant to the said order, the Sub Registrar, Guduvancherry, conducted enquiry and identified the above documents as Impersonation Documents, vide his proceedings dated 31.05.2019. He further submitted that, though the said documents were treated as impersonated documents, however, the subsequent purchaser has filed a suit in O.S.No.151 of 2020 on the file of the Principal District Judge, Chengalpattu and the same is pending.
3. Recording the above said submission, this Court is of the view that, no further adjudication is required in these Writ petitions. However, liberty is granted to the petitioner to canvass all his grievances before the Civil court, where the suit is pending.
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4. Accordingly, these Writ Petitions stands closed. No costs. Consequently, connected Miscellaneous petitions are closed.
25.07.2022
skt
Speaking Order : Yes/ No
Index : Yes/ No
To
1. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.
2. The District Registrar, The District Registrars Office, (Chennai South), No.9, Jeenis Road, Saidapet, Chennai - 600 015.
3. The District Registrar, Registration Department, Kancheepuram District, Kancheepuram.
4. The Sub Registrar, Guduvancherry Sub Registrar Office, Guduvancherry, Chengalpet Taluk, Kancheepuram District.
5. The Superintendent of Police, Kancheepuram District, 6/8 https://www.mhc.tn.gov.in/judis W.P.Nos.34236 of 2017 & 4208 of 2018 Kancheepuram.
6. The Inspector of Police, Guduvanchery Police Station, Guduvanchery, Kancheepuram District.
7. The Inspector of Police, (Land Grabbing Cell), District Crime Branch, Kancheepuram, Kancheepuram District.
8. The Inspector of Police, (Land Grabbing Cell), Office of the Superintendent of Police, Kancheepuram, Kancheepuram District.
M.DHANDAPANI, J.
skt W.P.Nos.34236 of 2017 & 4208 of 2018 and WMP.Nos.38123 & 38124 of 2017 and 5149 to 5154 of 2018 7/8 https://www.mhc.tn.gov.in/judis W.P.Nos.34236 of 2017 & 4208 of 2018 25.07.2022 8/8 https://www.mhc.tn.gov.in/judis