IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.01.2026 CORAM THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY M.Velu .. Petitioner vs

1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai – 600 028.

2.The District Registrar, Registration Department, Integrated Building Complex, Kumaragiri Bye-pass Road, Ammapettai, Salem – 636 014.

3.The Sub Registrar, Dadagapatti Sub Registrar’s Office, Dadagapatti, Seelanaickenpatti, Salem – 636 201.

4.M.Saravanan .. Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus directing the respondents 1 to 3 herein to conduct enquiry under Section 83 of the Registration Act, 1908 and take suitable legal action against the culprits based on the petitioner’s representation dated 08.11.2025 within a time frame to be fixed by this Court.

For Petitioner : Mr.C.Munusamy For Respondents : Mr.U.Baranidharan, Special Government Pleader for R1 to R3

ORDER

The petitioner asserts that he purchased a property at Erumapalayam Village, Salem Taluk under Document No.6271 of 2021. According to the petitioner, the fourth respondent executed a sale deed fraudulently in respect of such property in favour of one Ms.Uma Maheswari under Document No.4937 of 2022. On the basis of the said document, it is stated that further conveyances were executed. After submitting a petition under Section 83 of the Registration Act, 1908 on 08.11.2025 seeking further action in terms of Section 83, the present writ petition has been filed.

2. By inviting my attention to Section 83 of the Registration Act, learned counsel for the petitioner submits that the registering officer is empowered to initiate the prosecution in terms thereof. Therefore, he contends that this is an appropriate case for the exercise of jurisdiction under Section 83 of the Registration Act.

3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for respondents 1 to 3. By relying on the judgment of the Hon'ble Supreme Court in Sathya Pal Anand vs. State of Madhya Pradesh and Others (2016 INSC 988), he contends that the registering officer may exercise powers if an offence under the statute is discovered prior to registration and not thereafter.

4. The powers of a registering officer are detailed in the Registration Act. These powers encompass verifying the identity of the executants and claimants, including their representatives or assigns, if appropriate. In other words, their authority revolves around aspects such as impersonation or forgery. On examining the petition presented by the writ petitioner under Section 83, there is not even prima facie indication that impersonation or forgery in course of registration of the instrument concerned is alleged. In those circumstances, the petitioner is not entitled to the relief claimed. Therefore, this writ petition is disposed of by, however, leaving it open to the petitioner to lodge a complaint before the jurisdictional police or initiate proceedings before the jurisdictional Civil Court. There shall be no order as to costs.

08.01.2026 Index:Yes/No Neutral Citation:Yes/No mmi To

1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai – 600 028.

2.The District Registrar, Registration Department, Integrated Building Complex, Kumaragiri Bye-pass Road, Ammapettai, Salem – 636 014.

3.The Sub Registrar, Dadagapatti Sub Registrar’s Office, Dadagapatti, Seelanaickenpatti, Salem – 636 201.

SENTHILKUMAR RAMAMOORTHY,J.

mmi

08.01.2026