Petitioner challenged a refusal slip for registering a deed of cancellation. Court found the supporting police non-traceable certificate was forged. Consequently, petitioner was not entitled to the relief sought. Writ petition dismissed.
Writ petition dismissed; no costs awarded.
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W.P.No.32847 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.32847 of 2022
M/s.V.G.P.Housing Private Limited, VGP Square, Saidapet, Chennai – 600 015. Rep. by its Authorised Signatory, Mr.V.G.S.Rajesh @ V.G.S.Amaladas Rajesh
...Petitioner
Vs.
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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the Refusal Check Slip bearing Refusal Number RFL/Madhavaram/Book 2/5 dated 02.06.2022 issued by the 3 rd respondent in respect of registration of Deed of cancellation dated 18.03.2022 with temporary registration No.P31/2022 and quash the same as illegal and ultra vires and consequently direct the 3 rd respondent to register the Deed of Cancellation dated 18.03.2022 with temporary registration No.P31/2022 without insisting for the production of the original Parent document for registration within the time to be stipulated by this Court as a result of the relief squarely covered and reported in 2011-2L.W.-648 K.S.Vijayendran vs. The Inspector General of Registration and another and followed in W.P.(MD).No.3227 of 2022.
F or Petitioner : Mr.M.Ramkumar For R1 to R3 : Mr.G.Krishna Raja Additional Government Pleader. For R4 : No appearance For R5 : Mr.S.Vinoth Kumar Government Advocate [Crl. Side]
ORDER
The refusal check slip issued by the third respondent Sub-Registrar in proceedings dated 02.06.2022 is under challenge in the present writ petition.
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2.The petitioner states that M/s.VGP Housing Private Limited promoted layout “VGP Santhosam Nagar”. With reference to the house site bearing Plot No.40 of the said VGSP Santhosam Nagar a sale deed was registered in Document No.6663/2016 in SRO, Madhavaram to one K.Ramu/4th respondent. The said Ramu in turn executed a Deed of General Power of Attorney on 29.01.2018. A criminal case in Crime No.123/2017 was registered against the writ petitioner. Based on the complaint lodged by one Mrs.Nirmala Premkumar Dennison claiming that the said Plot No.40 of VGP Santhosam Nagar was already sold by the petitioner Company in her favour vide sale deed dated 29.03.1985 registered as Document No.939/1985. The 4th respondent thereafter has cancelled the Power of Attorney dated 29.01.2018 and the cancellation of sale deed was presented belatedly. The petitioner and the 4th respondent have decided to cancel the sale deed registered vide Document No.6663/2016. However, the 4th respondent while travelling with his friend at Bangalore has lost the origial sale deed regitered vide Document No.6663/2016 at SRO, Madhavaram during February 2022 and immediately it was reported to K.R. Puram Police Station, Bengaluru wherein the Lost Article Report with reference No.0176332/2022 dated
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25.02.2022 was issued. The said K.R. Puram Police has issued a nontraceable certificate dated 09.03.2022. Thereafter the cancellation deed dated
18.03.2022 was prepared and presented for registration on 21.03.2022. The said document was returned along with the impugned refusal check slip dated 02.06.2022 by the Sub-Registrar. Thus, the present writ petition is filed.
3.During the course of argument, it was identified that the nontraceable certificate issued by the K.R.Puram Police is a forged document. Thus, this Court issued an interim direction to the Madhavaram Police Station authorities to verify the genuinity of the non-traceable certificate issued by the Sub-Inspector of Police, K.R.Puram Police Station, Bengaluru-560036. The Inspector of Police, M1 Madhavaram Police Station, Crime Branch informed this Court that no such non-traceable certificate was issued by the K.R. Puram Police Station and the said certificate is a forged document. The Inspector of Police vide letter dated 25.07.2023 has clearly stated that nontraceable certificate is a fraudulent document. Accordingly, the Commissioner of Police was directed to initiate action.
4.The learned Government Advocate [Crl. Side] appearing on behalf of
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the Commissioner of Police furnished the copy of the First Information Report
in Crime No.83/2023 dated 14.08.2023 registered on the file of the Central Crime Branch, Chennai against the writ petitioner and other persons who have involved in the transactions.
are directed to accelerate the investigation and file a report as expeditiously as possible. As far as the relief sought for in the present writ petition is concerned, the non-traceable certificate filed before the registering authority is identified as fraudulent and therefore, the petitioner is not entitled for the relief as such sought for in the present writ petition.
6.Accordingly, the writ petition stands dismissed. No costs.
22.08.2023
cse Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-Speaking Order
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W.P.No.32847 of 2022
To
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S.M.SUBRAMANIAM, J.
cse
W.P.No.32847 of 2022
22.08.2023
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2 issues framed by the court
Whether a writ petition for registration of a cancellation deed without the original parent document can be allowed when the supporting police non-traceable certificate is found to be forged.
Whether the petitioner, convicted in the related criminal investigation due to reliance on a forged certificate, is entitled to the sought relief.
Colour shows how this judgement treated each authority
K.S.Vijayendran vs. The Inspector General of Registration and anotherFollowed¶18
2011-2L.W.-648 K.S.Vijayendran vs. The Inspector General of Registration and another
W.P.(MD).No.3227 of 2022Followed¶18
W.P.(MD).No.3227 of 2022
1 provisions across 1 enactments
M/s.V.G.P.Housing Private Limited
Inspector General of Registration
District Registrar [Administration]
Sub-Registrar, Madhavaram
K.Ramu
Commissioner of Police
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
