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Madras High CourtWP/10665/2015disposed of

Ring Road Housing Sector v. The Sub Registrar

2021-09-24Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2021

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.10665 OF 2015 Ring Road Housing Sector Extension, Welfare Association, Rep. by its Secretary M.C.Thurairaj, No.171, Shanthi Colony, Madavaram, Chennai.

... Petitioner .Vs.

1. The Sub Registrar, Office of the Sub Registrar, Madavaram, Chennai - 60.

2. The Commissioner, Corporation of Chennai, Ribbon Building, Chennai - 3.

3. The Zonal Officer, Zonal - III, Corporation of Chennai, Madavaram, Chennai - 60.

4. C.S.Sureya Prakashrao @ C.S.Prakash rao

5. C.Vani

6. C.Yegaparnath

7. C.Madvavi

8. M.Kannan

9. K.Mariappan

10. K.Ragupathi

11. K.Moorthi ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to hold enquiry in the presence of second and third respondents on the issue of illegal sale deed No.4276 of 2005 dated 28.05.2005 and consequently directing the first respondent

to take suitable action against the 4th to 11th respondents as per Registration Act by considering the petitioner's representation dated 12.03.2015.

For Petitioner : No appearance For R1 : Mr.M.R.Gokul Krishnan Government Advocate For R2 & R3 : Mr.Ganesan Standing Counsel For R5 to R7 : Mr.R.Sangadevan For R9 : Mr.D.Ravichander For R10 & R11 : Mr.J.Ravikumar

ORDER

This Writ Petition has been filed to issue a Writ of Mandamus directing the first respondent to hold enquiry in the presence of second and third respondents on the issue of illegal sale deed No.4276 of 2005 dated 28.05.2005 and consequently directing the first respondent to take suitable action against the 4th to 11th respondents as per Registration Act by considering the petitioner's representation dated 12.03.2015.

2. Though the writ petition is posted today under the caption "for dismissal", no one appeared on behalf of the petitioner either in person or through pleader.

3. However, the learned counsel for the first respondent submitted that the writ petition has been filed for issuance of Writ of Mandamus directing the first respondent to hold enquiry with regard to the illegal sale deed dated 25.08.2005 registered vide Document No.4276 of 2005 and directing the first respondent to take suitable action as against the respondents 4 to 11 herein.

4. The learned counsel for the respondents 4 to 11 submitted that no copies were served till today to get along with the matter.

5. Admittedly, the respondent 4 to 11 filed a vakalat. Even in the year 2015 and till today they have not taken any steps to receive the copies from the petitioner.

6. In view of the above, without going into the merits of the writ petition, the first respondent is directed to hold the enquiry after issuance of notice to the respondents 4 to 11 herein and also to the parties concerned, after giving them an opportunity of hearing and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Lpp/mn To 1.

The Sub Registrar, Office of the Sub Registrar, Madavaram, Chennai - 60.

2.

The Commissioner, Corporation of Chennai, Ribbon Building, Chennai - 3.

3.

The Zonal Officer, Zonal - III, Corporation of Chennai, Madavaram, Chennai - 60.

+1cc to Mr.D.Ravichander, Advocate, S.R.No.49683 +1cc to the Government Pleader, S.R.No.49736 W.P.NO.10665 OF 2015 AND M.P.NO.1 OF 2015 SMI(CO) PBS/28/10/2021