This writ petition challenged a fraudulent sale deed. The Madurai Bench did not examine the merits but directed the District Registrar to conduct an enquiry based on specific circulars, issue notices to interested parties, and pass a final order within four months.
Direct to conduct enquiry and pass order on merits within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.1140 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.10.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.1140 of 2022
Murugan
... Petitioner
Vs.
W.P(MD)No.1140 of 2022
10.Velpandi
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.2 and 3 to cancel the fraudulent sale deed document No.1039/2020 dated 11.06.2020 registered at Oothumalai Sub-Registrar Office, Oothumalai Village, Veerakeralamputhur Taluk, Tenkasi District in respect of 9 acres, 87 cents comprised in S.No.262/4, Oothumalai Village, Veerakeralamputhur Taluk, Tenkasi District on the basis of the Petitioner's representation dated 17.12.2021.
For Petitioner : Mr.T.Indrachithu
For Respondents : Mr.V.Nirmal Kumar, Government Advocate for R1 to R3. Mr.J.Thomas Rajadurai for R9. No appearance for R4 to R8.
ORDER
Heard the learned counsel for the petitioner, the learned Government Advocate for the respondents 1 and 3 and the learned counsel for the ninth respondent.
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W.P(MD)No.1140 of 2022
2.The petitioner impeaches the petition mentioned document as
fraudulent. Of course, during the relevant time, Section 77-A of the Registration Act was not in the statute book. But then, the Inspector General of Registration has issued certain circulars. The second respondent is directed to conduct enquiry on the petition mentioned representation on the basis of such circulars. The second respondent will issue notice to all the interested parties. Enquiry shall be held. Final order on merits and in accordance with law will be passed within a period of four months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.
3.This writ petition is disposed of accordingly. No costs.
09.10.2023
NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
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W.P(MD)No.1140 of 2022
G.R.SWAMINATHAN, J.
ias
To:-
W.P(MD)No.1140 of 2022
09.10.2023
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2 issues framed by the court
Whether the registration authority should conduct an enquiry on the petitioner's representation regarding a fraudulent sale deed.
Whether the registration authority is directed to pass an order on merits within a specified time frame.
2 provisions across 2 enactments
Murugan
Inspector General, Registration Department
District Registrar, Tenkasi District
Sub-Registrar, Oothumalai
Muthammal
Ulaganathan
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
