A petitioner cannot compel a registering authority to launch prosecution under the Registration Act; the decision rests solely with the officer's discretion.

ORDER

This writ petition has been filed to direct respondents 1 and 2 to launch prosecution against respondents 3 to 7 as per the provisions of Section 82 read with Section 83 of the Registration Act, 1908, based on the petitioner’s representation dated 02.01.2026.

2.Mr.U.Baranidharan, learned Special Government Pleader accepts notice on behalf of respondents 1 to 4. Since no adverse order is being passed against respondents 5 to 7, notice to respondents 5 to 7 is dispensed with by this Court.

3.As per Section 82 read with Section 83 of the Registration Act, 1908, the discretion is vested with the registering officer to launch prosecution in case false statements/delivering false copies of translations/false personation/ abetment was made by any of the parties to the registered document. Being a discretion vested with the registering officer, the petitioner cannot compel the registering authority to launch prosecution as per provisions of Section 82 read with Section 83 of the Registration Act, 1908 against respondents 3 to 7, who according to the petitioner had committed violations, which falls within the purview of Section 82 read with Section 83 of the Registration Act, 1908. Therefore, once a representation has been given by the petitioner on 02.01.2026 to respondents 1 and 2 requesting them to launch prosecution against respondents 3 to 7 as per provisions of Section 82 read with Section 83 of the Registration Act, 1908, the petitioner cannot file a writ petition before this Court compelling respondents 1 and 2 to launch prosecution against respondents 3 to

7.

4.Section 82 read with Section 83 of the Registration Act, 1908 does not stipulate that once a representation is given by any party directing the registering authority to launch prosecution, necessarily, the registering authority will have to launch prosecution against the alleged erring authorities as per provisions of Section 82 read with Section 83 of the Registration Act, 1908. Being a discretion vested with the registering officer, the question of directing respondents 1 and 2 to further proceed with the petitioner’s representation dated 02.01.2026, which is the subject matter of this writ petition does not arise. If respondents 1 and 2 have not launched prosecution under Section 82 read with Section 83 of the Registration Act, 1908, the only remedy available to the petitioner is to set the criminal law in motion by lodging a criminal complaint against respondents 3 to 7 for the alleged violations committed under Section 82 of the Registration Act, 1908.

5.For the foregoing reasons, this Court finds that this writ petition cannot be entertained by this Court. Accordingly, this writ petition is disposed of by granting liberty to the petitioner to set the criminal law in motion if so advised by lodging a criminal complaint before the concerned police against respondents 3 to 7 in case respondents 3 to 7 have committed violations as per provisions of Section 82 read with Section 83 of the Registration Act, 1908. No costs.