Disposed

N.Mohamed Mian Rowther Company Pvt. Ltd., v. The Inspector General of Registration

Madras HC10 Apr 2023WP/10836/2023

Case brief

AI extract

What is this about?

This writ petition sought cancellation of a sale deed due to alleged fraud. The Court found the Registrar derelict in duty by not considering the petitioner's earlier representation. It directed the Registrar to forward the representation to the District Registrar for consideration under Section 77A of the Registration Act within twelve weeks.

What did the court decide?

Directed Registrar to forward representation to District Registrar for consideration under Section 77A of the Registration Act within twelve weeks.

N.Mohamed Mian Rowther Company Pvt. Ltd., Vs The Inspector… — Property and Title | Madras HC (2023)

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W.P.No.10836 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.04.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.10836 of 2023

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N.Mohamed Mian Rowther Company Pvt. Ltd., Rep. by its Managing Director A.K.Khaja Nazeemudeen S/o Late K.A.Kader, No.206, Pudukottai Road, Sembattu, Tiruchirappalli - 620 007.

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...Petitioner

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1.The Inspector General of Registration, 100, Santhome High Road, Pattinampakkam,

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Chennai - 600 028.

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2.M/s.Sadhana Training Company Private Limited, by its Managing Director Mr.Amir Alithala, No.174, Lake View Road, West Mambalam, Chennai - 600 033.

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...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to pass appropriate orders, cancelling the sale deed bearing Doc.No.1228/1995 dated 11.01.1995 on the file of the Sub-Registrar Office, K.Sathanur Registrar Office, Palani Nagar, K.K.Nagar, Tiruchirappalli 620 021, as

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https://www.mhc.tn.gov.in/judis

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W.P.No.10836 of 2023

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null and void as fraudulent one by considering the representation dated 03.02.2023 of the petitioner.

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For Petitioner	: Mr.P.Arun Pandiyan
For R1	: Mr.R.Ramanlal,
	Additional Advocate General
	assisted by Mr.Yogesh Kannadasan,
	Special Government Pleader

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ORDER

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Heard Mr.P.Arun Pandiyan, learned counsel for the petitioner and

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Mr.R.Ramanlal, learned Additional Advocate General assisted by Mr.Yogesh Kannadasan, learned Special Government Pleader for the first respondent.

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Since this Court is directing the first respondent to consider the petitioner's representation, after giving due opportunity to the second respondent, notice to the second respondent is hereby dispensed with.

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The petitioner had given a representation to the first respondent and the District Registrar on 03.02.2023, seeking for cancellation of the registered sale deed No.1228/1995 dated 11.01.1995 executed in favour

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of the second respondent herein. Since the said representation was not

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https://www.mhc.tn.gov.in/judis

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W.P.No.10836 of 2023

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considered, the present Writ Petition has been filed.

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It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

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At this juncture, the learned Additional Advocate General submitted that the petitioner's representation has been made to the District Registrar before whom the same is pending. As such, the Inspector General of Registration/the first respondent herein could be at liberty to forward the petitioner's application seeking for cancellation of the said deed to the concerned District Registrar.

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In the light of the above observations, there shall be a direction

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W.P.No.10836 of 2023

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to the first respondent herein to forward the petitioner's representation

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dated 03.02.2023 to the concerned District Registrar, who in turn shall consider the same in accordance with the procedure contemplated under Section 77A of the Registration Act, after giving due opportunity to the second respondent herein and the persons who had executed the sale deed, as well as the beneficiaries and the witnesses to the deed of conveyance and any other persons who may be interested in the subject property, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

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7. With the above direction, the Writ Petition stands disposed of.

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No costs.

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10.04.2023

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Index:Yes/No Neutral Citation:Yes/No hvk

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W.P.No.10836 of 2023

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The Inspector General of Registration, 100, Santhome High Road, Pattinampakkam, Chennai - 600 028.

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W.P.No.10836 of 2023

M.S.RAMESH,J.

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W.P.No.10836 of 2023

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10.04.2023

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N.Mohamed Mian Rowther Company Pvt. Ltd., v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

N.Mohamed Mian Rowther Company Pvt. Ltd., v. The Inspector General of Registration

Case brief

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