BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2025 CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(MD) No.23855 of 2019

1.M.Subramani

2.Selvaraj ... Petitioners Vs

1 The Inspector General of Registration, No.100, Santhome Road, Raja Annamalaipuram, Chennai.

2 The Deputy Inspector General of Registration, Madurai.

3 The District Registrar (Admin), Palani, Dindigul District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records pertaining to the impugned order issued by the 2nd respondent in proceedings No.2011/Aa3/2018, dated 14.08.2019, quash the same and consequently direct the respondents to permit the petitioners to practice as Document Writer in Registration Department, Dindigul District.

For Petitioners : Mr.R.Seenivasan For Respondents : Mr.N.Ramesh Arumugam, Govt. Advocate.

ORDER

The present writ petition challenges the order passed by the second respondent in No.2011/Aa3/2018, dated 14.08.2019, in suspending the document writer's licence issued by the Registration Department, pending an F.I.R., that had been registered by Kallimandayam Police in Dindigul District.

2. The facts leading to the writ petition are as follows :

2.1. The first petitioner – M.Subramani purchased the property situated in Survey No.476/2 of Kallimandayam Village, Oddanchatram Taluk, Dindigul District, along with one Paripooranam. They had handed over the original title deeds of the said property to two persons, namely, Manivasagam and Periyanayaki. The purpose of handing over the documents to them, was to stand as guarantors, for the loan availed by the aforesaid persons with Corporation Bank, Thanjavur Branch. As required by the bank, loan applications were signed and the title deeds of the mortgage were also registered with the Sub-Registrar, at Kallimandayam.

2.2. Subsequently, Paripooranam lodged a complaint with the Sub-Registrar on 08.02.2018, alleging that she had never executed a mortgage deed for the property. In addition to the complaint given to the Sub-Registrar, the said Paripooranam also lodged a police complaint with the Inspector of Police, Kallimandayam Police Station. The said compliant was taken on file as F.I.R.No.32 of 2018. The petitioner challenged the lodging of the F.I.R., invoking Section 482 of the Code of Criminal Procedure, 1973, before this Court in Crl.O.P.(MD) No.15004 of 2018. This Criminal Original Petition came to be dismissed by this Court on 01.10.2019.

2.3. In the meantime, the second respondent passed the impugned order, suspending the licence granted to writ petitioners, pending disposal of the criminal proceedings. Challenging the same, the present Writ Petition is filed.

3. Mr.R.Seenivasan urged that the Deputy Inspector General of Registration at Madurai/second respondent has no jurisdiction to pass the impugned order, since the power is available only with the Inspector General of Registration. He pleads that there is a violation of principles of natural justice, as no enquiry has been conducted by the second respondent, prior to passing the impugned order. On these grounds, he seeks to quash the impugned proceedings.

4. Per contra, Mr.N.Ramesh Arumugam, learned Government Advocate, appearing for the respondents, pleads that the Registration Department was intimated by Paripooranam that without her knowledge, a memorandum of deposit of title deeds had been registered in the office of the Sub-Registrar, Kallimandayam, in favour of Corporation Bank, by one Subramani, i.e., the first writ petitioner. The Sub-Registrar was intimated that Paripooranam was not aware of the presentation of the document and, therefore, the entries, that were made by the Sub-Registrar on 17.05.2017 and

18.05.2017, were acts of fraud and manipulation of official records. 5. Mr.Arumugam states that the Sub-Registrar conducted an enquiry and came to know that with the help of one Somasundaram, an of