B.Shajehan Begum Vs the Inspector General of Registration

¶1

WP No. 12917 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 23-04-2025

¶4

CORAM

¶5

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

¶6

WP No. 12917 of 2025

¶7

1. B.Shajehan Begum

¶8

W/o.S.Najmuddin, Door No.115,Kaiser Villa, 3rd Street, Classic Farms, Model School Road, Sholinganallu, Chennai600 119

¶9

Petitioner(s)

¶10

Vs

¶11

1. The Inspector General Of Registration

¶12

Office Of The Inspector General Of Registration, No.100, Santhome High Road, Mylapore, Chennai-4

¶13

2.The Additional Inspector General Of Registration (stamps And Registration), No.100, Santhome High Road, Mylapore, Chennai-4

¶14

3.The Deputy Inspector Of Registration Office Of Deputy Inspector General Of Registration, Dr.Naval Road,

¶15

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

¶16

WP No. 12917 of 2025

¶17

Nandanam, Chennai-35

¶18

4.The District Registrar Office Of The District Registrar, Chengalpattu District

¶19

5.The Sub Registrar Thiruporur, Office Of The Sub Registrar, Thiruporur, Chengalpattu District

¶20

6.N.Shehjahan Begum

¶21

W/o.Najumudeen, Door No.3/158c, Mylai Periathambi Street, George Town, Mandaveli Chennai-600 001

¶22

7.BHADRUNISHA

¶23

W/o.Khader Basha, Door No.46/78, Patel Nagar, 1st Street, Tondiarpet, Chennai 81

¶24

8.G.Prabakaran

¶25

S/o.Ganesan, 1st Street, Mylima Ngar Extension, Nellikuppam Salai, Karanai Puducherry, Chengalpet

¶26

9.M.Thyagarajan S/o.Murugesan, No.3/35, Thulukanathamman Koil Street, Vengambakkam, Melakottaiyur Post, Chennai-127

¶27

Respondent(s)

¶28

PRAYER

¶29

Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the respondents 1 to 5 to cancel the fraudulent

¶30

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

¶31

WP No. 12917 of 2025

¶32

document bearing No.7736 of 2020 dated 3.9.2020 and Doc.No.8489 of 2020 dated 17.9.2020 as sought vide representation lastly dated 30.7.2024 and reminder dated 17.8.2024 and pass orders.

¶33

For Petitioner(s): Mr. I.Kowser Nissar For Respondent: Mr.P.Harish Government Advocate for R1 to R3

¶34

ORDER

¶35

This writ petition has been filed for the issue of writ of Mandamus

¶36

directing the respondents 1 to 5 to act upon the representation made by the petitioner on 30.07.2024 wherein the petitioner is seeking for cancellation of the registered document on the ground that there was impersonation and creation of fradulent documents.

¶37

Heard Mr.I.Kowser Nissar, learned counsel for the petitioner and Mr.P.Harish, learned Government Advocate for respondents 1 to 5.

¶38

In the considered view of this Court, the only power that was available to the District Registrar to deal with the issue is under Section 77 A of the Registration Act. This provision has been held to be unconsitutional in [M. Kathirvel Vs. The Inspector General of Registration Department of Registration and Others] reported in 2024 4 CTC 769. That apart, the District

¶39

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

¶40

WP No. 12917 of 2025

¶41

Registrar cannot deal with the representation even under Section 68 of the Registration Act in view of the judgement of the Division Bench. Therefore, the only option available to the petitioner is to either challenge the registration of the document directly by invoking Article 226 of the Constitution of India or in the alternative to go before the competent Civil Court and seek for the necessary relief. Except giving this calrity, no further orders are required to be passed in this writ petition.

¶42