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Madras High CourtWP/1104/2022disposed of

Annaiamma v. The District Registrar,

2022-01-27Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.1104 of 2022 and W.M.P.Nos.1164 and1165 of 2022

1. Annaiamma

2. Rathnamma

3. Seethamma ... Petitioners -Vs1. The District Registrar, District Registrar Office, Krishnagiri - 635 001.

2. The Sub Registrar, Sub Registration Office, Shoolagiri Taluk, Krishnagiri District - 635 117.

3. K.Munusamy

4. Rathinamma

5. Madhumala

6. Archana ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 23.10.2021 and to conduct an enquiry for the fraudulent acts committed by the respondents 3 to 6 in executing the Sale Deed bearing Doc.No.4327 of 2021 dated 15.09.2021 on the file of SRO, Shoolagiri in respect of the lands measuring to an extent of 430 sq.ft situated in Natham Old Survey No.580 and New Survey No.641/7 situated at Alagotta (Pathakotta) Village, Shoolagiri Taluk, Krishnagiri District as per Section 82 of the Registration Act, 1908 within the time to be stipulated by this Hon'ble Court.

For Petitioners : Mr.T.Vedi For R1 and R2 : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 23.10.2021 and to conduct an enquiry for the fraudulent acts committed by the respondents 3 to 6 in executing the Sale Deed bearing Doc.No.4327 of 2021 dated 15.09.2021 on the file of SRO, Shoolagiri in respect of the lands measuring to an extent of 430 sq.ft situated in Natham Old Survey No.580 and New Survey No.641/7 situated at Alagotta (Pathakotta) Village, Shoolagiri Taluk, Krishnagiri District as per Section 82 of the Registration Act, 1908 within the time to be stipulated by this Hon'ble Court.

2.

Heard Mr.T.Vedi, learned counsel appearing for the petitioners and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1 and 2. 3.

The petitioners submitted a complaint on 23.10.2021, before the first respondent in respect of the fraudulent transaction in respect of the property owned by the deceased one Krishnappa i.e. Husband of the first petitioner herein suppressing the petitioners as legal heirs of him, and it is pending for consideration.

4.

Considering the above, the first respondent is directed to issue notice to the petitioners and the respondents 3 to 6 herein and after giving them an opportunity of hearing, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 5.

With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar mn

To

1. The District Registrar, District Registrar Office, Krishnagiri - 635 001.

2. The Sub Registrar, Sub Registration Office, Shoolagiri Taluk, Krishnagiri District - 635 117.

+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No.4625 +1cc to the Government Pleader, High Court, Madras, S.R.No.5639 W.P.No.1104 of 2022 and W.M.P.Nos.1164 and1165 of 2022 SS(CO) SU(16/02/2022)