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2021 Supreme(Mad) 3154

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
J. NISHA BANU, J.
B.Mahendran - Petitioner
Vs.
The Inspector General of Registration, Registration Department, NO.100, Santhome High Road, Chennai- 600028 - Respondent
W.P.(MD).No.13147 of 2021 and W.M.P.(MD).No.10157 of 2021
Decided On : 30-07-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr.K.Mahendran
For the Respondents:Mr.M.Lingadurai Government Advocate

Headnote:

Constitution of India,1950 - Article 226 –Indian Penal Code,1860 - Sections 419, 420, 465, 467, 468 and 471 of IPC - Registration Act, 1908, - Cheating - Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records relating to 3rd Respondent impugned proceedings in, pertaining to sale deed in document and rectification deed in document executed by 6th Respondent in favour of 7th Respondent and sale deed in document executed by 7th Respondent in favour of petitioner registered on file of 4th Respondent and quash same as illegal and consequently directing Respondent 1 to 4 to remove entry of sale deed in document and rectification deed in document and sale deed in document from records within time frame that may be stipulated by Court – Held, Court is inclined to interfere with impugned proceedings of third respondent and accordingly same is quashed - There shall be a direction to respondents 1 to 4 to remove entry of sale deed in document and rectification deed in document and sale deed in from records – Court process shall be completed by third respondent within a period of two weeks from date of receipt of a copy of Court order - Writ Petition allowed.

ORDER :

Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the 3rd Respondent impugned proceedings in Moo.Mu.No.4816/A4/2021 dated 18.06.2021, pertaining to sale deed in document No. 57/18, dated 04.01.2018 and the rectification deed in document No.401/18, dated 25.01.2018 executed by the 6th Respondent in favour of the 7th Respondent and the sale deed in document No. 522/18, dated 01.02.2018, executed by the 7th Respondent in favour of the petitioner, registered on the file of the 4th Respondent and quash the same as illegal and consequently directing the Respondent 1 to 4 to remove the entry of the sale deed in document No. 57/ 18 dated 04.01.2018 and the rectification deed in document No. 401/18, dated 25.01.2018 and the sale deed in document No, 522/18 dated 01.02.2018 from the records within time frame that may be stipulated by this Court.

This writ petition has been filed to quash the 3rd Respondent impugned proceedings in Moo.Mu.No.4816/A4/2021 dated 18.06.2021, pertaining to sale deed in document No. 57/18, dated 04.01.2018 and the rectification deed in document No.401/18, dated 25.01.2018 executed by the 6th Respondent in favour of the 7th Respondent and the sale deed in document No. 522/18, dated 01.02.2018, executed by the 7th Respondent in favour of the petitioner, registered on the file of the 4th Respondent and consequently, directing the Respondent 1 to 4 to remove the entry of the sale deed in document No. 57/ 18 dated 04.01.2018 and the rectification deed in document No. 401/18, dated 25.01.2018 and the sale deed in document No, 522/18 dated 01.02.2018 from the records within time frame that may be stipulated by this Court.

2. The brief facts of the case are as follows:-

    (i) The petitioner purchased the Plot No.149 in the approved layout LPTT No.21/84 in Survey No.603, 604, 609, 611 ,613/1, 614 and 615/2 of Semangulam Village with in the Thiruvarambur Sub Registration District, Thiruvarambur Taluk, Trichy District, from the 7th Respondent, on a valuable consideration and the same has been registered as document No. 522/18, before the 4th Respondent on 01.02.2018. The petitioner purchased the property after verification of the sale deed in document No. 57/18 and the rectification deed in document No.401/18, executed by the 6th respondent in favour of the 7th Respondent and also the 6th Respondent purchased the above said property from the General Power holder K.A.Kalik S/o. N.M.Kajamiyan Rowther on 11.05.1984 and the same has been Registered as document before the 4th Respondent. Petitioner verified the Encumbrance Certificate from 1980 to till the date of Registration and nothing reflect in the Encumbrance Certificate, except the above said documents. Therefore, petitioner was under impression that he is the bonafide purchaser of the above said Plot and have every right to deal with the above said Plot.

(ii) After purchase, during the month of March, 2018 with a view to construct a house started an earth work in the vacant plot. At that time, the 5th respondent came and prevented the petitioner to clear the plot and informed that he is the owner of the plot and did not sold the property to anybody else. Further, the 5th respondent gave a complaint to the 4th Respondent stating that he is the real owner of the property and the 6th respondent created a forged sale deed in document No.57/18 and rectification deed in document No. 401/18 and sold the property to the 7th respondent with the connivance of one Sekar and Ashok Kumar. Again the 7th Respondent with the connivance of the 6th Respondent, Sekar and Ashok Kumar sold the property to the petitioner and the same has been registered in document No. 522/18. Further, the 5th Respondent requested the 4th Respondent to cancel the documents executed by the 6th respondent to 7th respondent and 7th respondent to the petitioner and also take criminal action against the fo

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