Partly allowed

Abdul Jabbar. M.R v. The Inspector General of Registration

Madras HC10 Mar 2021WP(MD)/836/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition under Article 226. Directing the District Registrar, the court ordered action against the registration of a fraudulent sale deed in terms of an earlier circular, matching directions given in a similar recent case.

What did the court decide?

The third respondent directed to consider the petitioner's representation dated 15.07.2020 and pass appropriate orders within 8 weeks in terms of circular dated 09.11.2018.

Abdul Jabbar. M.R Vs The Inspector… — Constitutional and Fundamental Rights | Madras HC (2021)

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W.P.(MD) No.836 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Reserved on : 19.02.2021

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Pronounced on : 10.03.2021

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CORAM

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THE HON'BLE MR.JUSTICE V.PARTHIBAN

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W.P.(MD) No.836 of 2021

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M.R.Abdul Jabbar, S/o.Rahamathulla, 263B/30D, 3^rd Street, Rahumaniyapuram, Kadayanallur Taluk, Tirunelveli District,

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Represented through Power Agent V.M.Nathahar Badhusa, S/o.Mydeen Kutti Mohammed, No.245/2A, Rahumaniyapuram, 4^th West, North Street, Krishnapuram, Kadayanallur, Tenkasi Taluk, Tenkasi District.

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... Petitioner -vs-

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1.The Inspector General of Registration, Office of Inspector General of Registration, Chennai – 600 028.

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2.The Deputy Inspector General of Registration

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Office of the Deputy Inspector General of Registration, Tirunelveli.

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3.The District Registrar (Administration), Office of the District Registrar, Palayamkottai, Tirunelveli.

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4.The Sub Registrar, Kadayanallur, Tenkasi District. ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the third respondent as per circular letter No.41530/U1/2017, dated 08.11.2017 to take appropriate legal action based on the petitioner/principal's representation dated 15.07.2020 against the offenders involved in the execution and registration of fraudulent sale deed dated 11.06.2020 (Document No.1589 of 2020 S.R.O. Kadayanallur), the fourth respondent within a time to be stipulated by this Court.

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD) No.836 of 2021

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For Petitioner : Mr.A.Sivaji For Respondents : Mr.K.Sathiyasingh

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Additional Government Pleader

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ORDER

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This Writ Petition is filed to direct the third respondent to take appropriate legal action as per circular letter No.41530/U1/2017, dated 08.11.2017 and also based on the petitioner/principal's representation dated 15.07.2020 against the offenders involved in the execution and registration of fraudulent sale deed dated 11.06.2020 (Document No.1589 of 2020 S.R.O. Kadayanallur), before the fourth respondent within a time to be stipulated by this Court.

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2.When the matter is taken up for hearing, the learned Counsel for the petitioner would submit that even very recently this Court has disposed of similar Writ Petitions with certain directions. The learned Counsel for the petitioner would refer to the decision of this Court rendered in W.P.(MD)No.18952 of 2020 dated 19.02.2021. The learned Counsel for the petitioner would specifically draw the attention of this Court to paragraphs 2 and 3 in the order which are extracted hereunder:

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“2.When the matter is taken up for hearing, Mr.K.Sathiya Singh, learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the respondent department has issued a circular, dated 09.11.2018, as to the position to be followed in the matter of fraudulent registration. He would further submit that necessary action will be taken in terms of circular, dated 09.11.2018 and also further circulars issued by the respondent department. 3.In view of the above submission, the writ petition stands disposed of with the directions as under:-

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i) The 1^st respondent is directed to consider the petitioner's representation, dated 19.09.2019 and take a decision on the same in terms of circular dated 09.11.2018.

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ii) The 1^st respondent is also directed to pass appropriate orders in this regard within a period of 8 weeks from the date of receipt of a copy of this order.”

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Therefore, the learned Counsel for the petitioner would pray for similar orders to be passed in this Writ Petition as well.

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3.Mr.K.Sathiya Singh, learned Additional Government Pleader would not quarrel with the submission of the learned Counsel for the petitioner and would, in fact, fairly concede as to the issue raised in the Writ Petition.

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD) No.836 of 2021

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4.In view of the above, the writ petition stands disposed of with the directions as under:-

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i) The third respondent is directed to consider the petitioner's representation, dated 15.07.2020 and take a decision on the same in terms of circular dated 09.11.2018.

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ii) The third respondent is also directed to pass appropriate orders in this regard within a period of 8 weeks from the date of receipt of a copy of this order.”

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No costs.

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Sd/-

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Assistant Registrar (CS-II)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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SRM

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1.The Inspector General of Registration, Office of Inspector General of Registration, Chennai – 600 028.

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2.The Deputy Inspector General of Registration Office of the Deputy Inspector General of Registration, Tirunelveli.

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3.The District Registrar (Administration), Office of the District Registrar, Palayamkottai, Tirunelveli.

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4.The Sub Registrar, Kadayanallur, Tenkasi District.

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+1 CC to Mr.A.SIVAJI, Advocate ( SR-10035[F] dated 10/03/2021 ) +1CC to THE SPECIAL GOVERNMENT PLEADER(SR-10539[F] dated 11/03/2021)

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Order made in W.P.(MD) No.836 of 2021 10.03.2021

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TP(CO)

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SRS (22/03/2021) 3P : 7C https://hcservices.ecourts.gov.in/hcservices/

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Abdul Jabbar. M.R v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

Abdul Jabbar. M.R v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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