Allowed

Murugesapandian v. The District Registrar (Admin)

Madras HC11 Apr 2022WP(MD)/6690/2022

Case brief

AI extract

What is this about?

In this writ petition filed under Article 226 of the Constitution, the petitioner sought a mandatory direction for the Sub-Registrar (2nd respondent) to initiate criminal proceedings for fraud in registration of documents. The Court held that no prejudice would arise from implementing the District Registrar's (1st respondent) order dated 03.12.2021 and directed the 2nd respondent to take action wi

What did the court decide?

Directed the second respondent to initiate criminal proceedings and implement the first respondent's order within twelve weeks of receipt of the order copy.

Murugesapandian Vs The District Registrar (Admin) — Writ and Judicial Review | Madras HC (2022)

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W.P.(MD)No.6690 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2022 CORAM:

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.6690 of 2022

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Murugesapandian .. Petitioner

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1.The District Registrar (Admin), O/o. The District Registrar (Admin), Palayamkottai, situated at Collector Office Campus, Tirunelveli.

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2.The Sub-Registrar, O/o. The Sub-Registrar, Ettayapuram, Thoothukudi District. .. Respondents 1 & 2

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2^nd respondent to initiate the criminal proceedings against the persons involved in the crime as mentioned in the impugned order of the 1^st respondent in Na.Ka.No.4013/A5/2021, dated 03.12.2021, within a stipulated time as prescribed by this Court.

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For Petitioner : Mr.S.Saravanan For Respondents : Mr.S.Shanmugavel Additional Government Pleader

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ORDER

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This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to initiate criminal proceedings against the persons who were involved in the crime as mentioned in the order, dated 03.12.2021, passed by the first respondent.

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2.The petitioner had earlier given a complaint regarding the fraudulent execution of power of attorney, dated 09.07.2020 and sale deed, dated 14.07.2020. Based on the said complaint, the first respondent passed an order, dated 03.12.2021, under Section 83 of the Registration Act, directing the second respondent to initiate criminal proceedings against the persons involved in getting the aforementioned documents registered. The petitioner's grievance in this writ petition is that despite the order of the first respondent, dated 03.12.2021, till date, no criminal proceedings has been initiated against the persons involved in the crime.

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3.Heard Mr.S.Saravanan, learned counsel appearing for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader, who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.6690 of 2022

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4.Admittedly, the first respondent has passed an order, dated 03.12.2021, directing the second respondent to initiate criminal proceedings against the persons involved in getting the power of attorney dated 09.07.2020 and sale deed, dated 14.07.2020, registered. According to the first respondent, the aforementioned deeds are fraudulent Deeds. Admittedly, till date, no criminal proceedings has been launched by the second respondent, pursuant to the directions given by the first respondent in his order, dated 03.12.2021. The petitioner seeks for implementation of the said order.

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5.No prejudice will be caused to the respondents, if the order passed by the first respondent, dated 03.12.2021, is implemented as the same has attained finality.

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6.For the foregoing reasons, this Court directs the second respondent to initiate criminal proceedings against the persons, who were involved in the crime and implement the order, dated 03.12.2021, passed by the first respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

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7.With the aforesaid directions, this writ petition is disposed of. No costs.

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// True Copy //

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Note :In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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1.The District Registrar (Admin), O/o. The District Registrar (Admin), Palayamkottai,

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situated at Collector Office Campus, Tirunelveli.

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

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W.P.(MD)No.6690 of 2022

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2.The Sub-Registrar, O/o. The Sub-Registrar, Ettayapuram, Thoothukudi District.

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+1 CC to M/s.S. SARAVANAN, Advocate ( SR-17846[F] dated 11/04/2022 ) W.P.(MD)No.6690 of 2022 11.04.2022

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GM(CO) KB(27.04.2022) 3P 4C

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

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Murugesapandian v. The District Registrar (Admin)

Case brief

What is this about?

What did the court decide?

Murugesapandian v. The District Registrar (Admin)

Case brief

What is this about?

What did the court decide?

What the court decided

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