Dismissed

M.Dhamothiran, v. The Inspector General of

Madras HC16 Oct 2019WP/11000/2018

Case brief

AI extract

What is this about?

This Court dismissed a writ petition seeking to quash an order by the Tahsildar confirming that the petitioner had created fake records to declare a deceased wife died in 1999 instead of 2001. The Court found fraud, ordered the Tahsildar to initiate criminal prosecution, and dismissed the petition.

What did the court decide?

Writ petition dismissed; permission granted to 5th respondent to initiate criminal prosecution against the petitioner.

M.Dhamothiran, Vs The Inspector General of — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 16.10.2019

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CORAM:

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.11000 of 2018 and W.M.P.No.12904 of 2018

M.Dhamothiran

... Petitioner

Versus

The Inspector General of Registration, No.100, Santhome High Road, Chennai- 600 028.

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The Secretary to the Government of Tamil Nadu, Department of Revenue, Fort St.George, Chennai.

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3.The District Collector, O/o. The District Collector, Villupuram.

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4.The District Registrar, O/o. The Disrict Registrar, Thindivanam, Villupuram District.

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The Tahsildar, O/o. Vanur Tahsildar, Vanur Taluk, Villupuram District.

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The Sub Registrar, Vanur Sub Registrar Office, Vanur, Villupuram District.

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Village Administrative Officer, karasanur Village, Vanur Taluk, Villupuram District.

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Mrs.Kannammal 9.Mrs.Muthammal ... Respondents

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PRAYER:-Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, against the order of 5th respondent culminating in his proceedings dated 28.03.2017 in Na.Ka.No.A3/3465/2016 and to call for the records and quash the same.

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For Petitioner ..Mr.M.Kavikannan For R1,R4 and R6 ..Mr.T.M.Pappiah,Spl.Govt.Pleader For R2,R3,R5 and R ..Mr.N.Inbanathan,Addl.Govt.Pleader

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O R D E R

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The prayer of the writ petition is against the order of 5th respondent culminating in his proceedings dated 28.03.2017 in Na.Ka.No.A3/3465/2016 and to call for the records to quash the same.

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Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

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The petitioner herein obtained an order from the Magistrate Court declaring Vengaiyammal, W/o.Muthu Gounder died on 06.10.99 by producing 'Emakariya Pathirikai' whereas, the enquiry conducted by the Revenue Tahsildar, Vanur has disclosed that the said Vengaiyammal died only on 26.10.2001 and her death was duly registered by the Village Administrative Office, Karisanoor.

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Based on the recommendation of the Tahsildar dated 28.3.2017, the District Registrar has considered the records and has found that the petitioner herein has created fake records and got order from the Magistrate Court in C.M.P.No.382/11 on the file of the Judicial Magistrate, Vanur as if the said Vengaiyammal died on 16.10.1999.

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This Court having sensed fraud has been committed, directed the Judicial Magistrate, Vanur to produce the documents filed by the petitioner for getting declaration regarding the death of Vengaiyammal as 06.10.1999. Unfortunately, due to effects of time, those records were sent for consignment and the Judicial Magistrate has enclosed the District Gazette and the Circular indicating that the records pertaining to CMP.No.382/11 were destroyed and duly notified in the District Gazette dated 16.01.2017.

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A perusal of the non-traceable certificate indicates that the petitioner herein has sought for details of Death Register of the year 2001 for which, the Tahsildar as respondent that there is no entry of Vengaiyammal Death in the Register

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whereas, the death certificate issued by the V.A.O based on the records maintained by the Karisanoor village indicates that the Vengaiyammal died on 26.10.2001 at Karisanoor village and the same was registered in Registration No.14 on 30.10.2001. Therefore, there is no error in the order of the 5th respondent to interfere contrarily. It is a clear case of fraud committed by the petitioner herein creating false Death Certificate of Vengal Ammal based on the 'Emakariya Pathirikai' and nontraceable certificate issued by the Tahsildar.

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Hence, while dismissing the Writ Petition, the 5th respondent is permitted to initiate criminal prosecution against the petitioner for creating records using forged documents.

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With these observations, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

-Sd/-

/true copy/

Sub Asst. Registrar

nvi

The Inspector General of Registration, No.100, Santhome High Road,

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Chennai- 600 028.

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The Secretary to the Government of Tamil Nadu, Department of Revenue,

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Fort St.George, Chennai.

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3.The District Collector,

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O/o. The District Collector, Villupuram.

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4.The District Registrar,

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O/o. The Disrict Registrar, Thindivanam, Villupuram District.

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3/4

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The Tahsildar, O/o. Vanur Tahsildar, Vanur Taluk, Villupuram District.

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The Sub Registrar, Vanur Sub Registrar Office, Vanur, Villupuram District.

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The Village Administrative Officer, karasanur Village, Vanur Taluk, Villupuram District

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+2 ccs to Mr.M.Kavikannan Advocate sr86740 +1 cc to the government Pleader sr86905

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Writ Petition No.11000 of 2018 and W.M.P.No.12904 of 2018

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ev(co) aa04/11/2019

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M.Dhamothiran, v. The Inspector General of

Case brief

What is this about?

What did the court decide?

M.Dhamothiran, v. The Inspector General of

Case brief

What is this about?

What did the court decide?

What the court decided

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