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Madras High CourtWP/1485/2022disposed of

N.Rajagopal v. The District Registrar,

2022-02-03Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.1485 OF 2022 AND W.M.P.NO.1632 OF 2022 N.Rajagopal ... Petitioner .Vs.

1. The District Registrar, District Registrar Office, Nallipalayam, Namakkal District.

2. The Revenue Divisional Officer, Mognoor Road, Namakkal District.

3. The Joint-I Sub-Registrar, Nallipalayam, Namakkal District.

4. S.Jayalakshmi

5. Andalammal ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus, directing the 1st respondent to conduct enquiry on the petitioner's complaint dated 25.11.2021 and pass order declaring that the Settlement Deed dated 10.08.2021 registered as Document No.2584 of 2021 in the office of the third respondent by the fifth respondent as fraudulent and make consequent entries in the index and the document in accordance with law and further initiate appropriate proceedings under the Registration Act, 1908 against the fourth and fifth respondents.

For Petitioner :

Mr.Adithyaraj For M/s.P.Wilson Associates For R1 & R3 : Mr.Yogesh Kannadasan Special Government pleader For R2 : Mr.S.Rajesh Government Advocate

ORDER

This writ petition has been filed for issuance of Writ of mandamus, directing the first respondent to conduct enquiry on the petitioner's complaint dated 25.11.2021 and pass order declaring that the Settlement Deed dated 10.08.2021 registered as Document No.2584 of 2021 in the office of the third respondent by the fifth respondent as fraudulent and make consequent entries in the index and the document in accordance with law and further initiate appropriate proceedings under the Registration Act, 1908 against the fourth and fifth respondents.

2. Heard, Mr.Adithyaraj, learned counsel appearing for the petitioner, Mr.Yogesh Kannadasan, learned Special Government pleader appearing for the respondents 1 & 3 and Mr.S.Rajesh learned Government Advocate appearing for the second respondent.

3. The petitioner lodged a compliant before the first respondent in respect of the fraudulent transaction by the fourth and fifth respondents herein and it is pending.

4. Considering the above, the first respondent is directed to conduct enquiry on the complaint lodged by the petitioner dated 25.11.2021, after issuance of notice to the petitioner and the fourth and fifth respondents, by 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 a copy of this order.

5. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No Costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Lpp

To 1.

The District Registrar, The District Registrar Office, Nallipalayam, Namakkal District.

2.

The Revenue Divisional Officer, Mognoor Road, Namakkal District.

3.

The Joint-I Sub-Registrar, Nallipalayam, Namakkal District.

+1cc to M/s.P.Wilson Associates, Advocate, S.R.No.6799 +1cc to the Government Pleader, S.R.No.7720 W.P.NO.1485 OF 2022 AND W.M.P.NO.1632 OF 2022 EV(CO) PBS/28/02/2022