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Madras High CourtWP/1361/2022disposed of

Sakunthala Thangavel v. The Inspector General Of Registration

2022-01-28Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P. No.1361 of 2022 Sakunthala Thangavel ... Petitioner -Vs1.The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028 2.The District Collector, Office of the District Collectorate, 3.The District Registrar(Admin) in the cadre of Assistant Inspector General of Registration 4.The Superintendent of Police, Anti-land Grabbing Cell, 5.The Revenue Divisional Officer, 6.The District Revenue Officer, 7.The Tahsildar, Sulur Taluk, 8.The Sub Registrar, Sulur, ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of

Mandamus directing the third respondent to cancel the sale deeds bearing document No.2745 of 1995 dated 08.06.1995 made in favour of S.K.Ramachandran and the document No.5855 of 2019 dated 30.05.2019 made in favour of C.Ponvarshini as per the guidelines given by the first respondent in the circular dated 09.07.2021 and restore the ownership and title to the petitioner in respect of the land comprised in survey No.82/1, bearing site Number 4A in Neelambur Village, Sulur Taluk, Coimbatore District, purchased by the petitioner under the sale deed dated 09.11.1992 registered as document Number 3471 of 1992 on the file of the eighth respondent.

For Petitioner : Mr.M.Elumalai For Respondents For R1, 3 & 8 : Mr.Yogesh Kannadasan, Special Government Pleader For R2, 4 to 7 : Mr.S.Rajesh, Government Advocate

ORDER

The Writ Petition has been filed for direction directing the third respondent to cancel the sale deeds bearing document No.2745 of 1995 dated 08.06.1995 made in favour of S.K.Ramachandran and the document No.5855 of 2019 dated 30.05.2019 made in favour of C.Ponvarshini, as per the guidelines given by the first respondent in the circular dated 09.07.2021 and restore the ownership and title to the petitioner in respect of the land comprised in survey No.82/1, bearing site Number 4A in Neelambur Village, Sulur Taluk, Coimbatore District, purchased by the petitioner under the sale deed dated 09.11.1992 registered as document Number 3471 of 1992 on the file of the eighth respondent.

2. Heard, Mr.M.Elumalai, the learned counsel for the petitioner, Mr.Yogesh Kannadasan, Special Government Pleader appearing for respondents 1, 3 & 8, and Mr.S.Rajesh, Government Advocate appearing for respondents 2, 4 to 7.

3. The petitioner lodged complaint before the third respondent for fraudulent transaction in respect of the property comprised in survey No.82/1, bearing site Number 4A in Neelambur Village, Sulur Taluk, Coimbatore District as against the executants and the beneficiaries. On receipt of the same, the third respondent issued notice to the parties concerned dated 21.10.2021 for the enquiry to be held on 02.11.2021. On

02.11.2021, the petitioner and the counter parties were present and enquiry was also conducted. After completion of enquiry, the third respondent is yet to pass order. Even before passing the final order, the petitioner filed this writ petition challenging the sale deeds bearing document No.2745 of 1995 dated 08.06.1995 made in favour of S.K.Ramachandran and the document No.5855 of 2019 dated 30.05.2019 made in favour of C.Ponvarshini, as per the guidelines given by the first respondent in the circular dated 09.07.2021 and restore the ownership and title to the petitioner in respect of the land comprised in survey No.82/1, bearing site Number 4A in Neelambur Village, Sulur Taluk, Coimbatore District, purchased by the petitioner under the sale deed dated 09.11.1992 registered as document Number 3471 of 1992 on the file of the eighth respondent.

4. Though the prayer sought for in this writ petition is not maintainable, the third respondent is directed to pass orders on the complaint lodged by the petitioner in Ref.No.7792/M1/2021, after giving opportunity of hearing to the petitioner within a period of two weeks from the date of receipt of copy of this order.

5. With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar lok To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028 2.The District Collector, Office of the District Collectorate, 3.The District Registrar(Admin) in the cadre of Assistant Inspector General of Registration

4.The Superintendent of Police, Anti-land Grabbing Cell, 5.The Revenue Divisional Officer, 6.The District Revenue Officer, 7.The Tahsildar, Sulur Taluk, 8.The Sub Registrar, Sulur, +1cc to Mr.M,Elumalai, Advocate SR.No.5328 +1cc to the Government Pleader, SR.No.5675, 6037 W.P. No.1361 of 2022 MT(CO) CB(18/02/2022)