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Madras High CourtWP/2054/2022disposed of

V.N.Rajagopalan v. District Registrar

2022-02-08Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.02.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.N. Rajagopalan ... Petitioner Vs

1. District Registrar, South Chennai, Combined Commercial tax and Registration Department Building Fanpet, Nandanam, Chennai-600 035.

2. G.Inbaraj,

3. A. Chelliah,

4. P. Sampath ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to pass appropriate speaking order on the petitioner's representation dated 27.09.2021 within specific time frame.

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For Petitioner ... Mr. G. Peranban For Respondents ... Mr. Yogesh Kannadasan, Special Government Pleader for R1.

O R D E R

The present petition has been filed seeking a direction to the 1st respondent to pass appropriate order on the representation dated 27.09.2021 made by the petitioner within the time stipulated by this Court.

2. Mr. Yogesh Kannadasan, learned Special Government Pleader appearing for the 1st respondent takes notice for the 1st respondent.

3. It is the case of the petitioner that petitioner being the absolute owner of the property situated at Kilkattalai Village, Pallavaram Taluk, Chengalpattu District, had executed a general power of attorney in favour of one K. Dilli. After the demise of said Dilli, the petitioner came to know that somebody had trespassed into his land and a forged sale deed has been executed in respect of his property on the strength of the Power of Attorney which was executed in favour of the deceased Dilli and the said land was sold to the 2nd respondent herein. On the strength of the forged sale deed, the Power of attorney was Page No:2/5

executed in favour of the 3rd respondent and in turn a mortgage deed has been executed in favour of the 4th respondent. Aggrieved by the same, the petitioner had filed a written complaint before the 1st respondent for cancellation of the fraudulent documents. However, till date, the same has not been considered. Hence, the present petition has been filed seeking the afore said relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent herein to consider the representation dated 27.09.2021 made by the petitioner and dispose of the same on merits, within the time stipulated by this Court.

5. Learned Special Government appearing for the 1st respondent fairly concedes that the petitioner's representation was entertained and notice for enquiry was issued to the petitioner.

6. In view of the submission of the learned Special Government Pleader appearing for the respondents that pursuant to the petitioner's representation, notice for enquiry has already been issued to the petitioner, this Court without Page No:3/5

going into the merits of the case, directs the petitioner to co-operate with the enquiry and further the 1st respondent is directed to complete the enquiry after affording an opportunity of hearing to the petitioner and the other private respondents and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

08.02.2022 NHS Index:Yes/No Internet:Yes Speaking/Non-Speaking order To District Registrar, South Chennai, Combined Commercial tax and Registration Department Building Fanpet, Nandanam, Chennai-600 035.

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M.DHANDAPANI, J.

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