Mr.F.R.Basheer Ahamed, v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:15.03.2017
CORAM
The Honourable MR. JUSTICE M.SATHYANARAYANAN W.P.No.6246 & 6247 of 2017 1.Mr.F.R.Basheer Ahamed 2.Mr.F.Thameem Ansari ... Petitioners in both WPs Vs
1. The District Registrar, Central Madras, Barathi Salai, Chennai 600 014
2. The Sub- Registrar, Triplicane, Barathi Salai, Chennai - 600 014.
... Respondents in both WPs Prayer in WP.6246/2017 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the 2nd respondent to cancel the entry of the sale deed dated 14.10.2011 bearing No.1155 of 2011 registered with the office of the second respondent.
Prayer in WP. No.6247/2017 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the 2nd respondent to cancel the entry of the revocation deed dated 25.01.2010 bearing No.68 of 2010 registered with the office of the second respondent .
For Petitioners in both WPs : Mr.R.Balachandran For Respondents in both WPs : Mr.S.V.Doraisolaimalai , AGP
ORDER
By consent, the writ petition is taken up for final disposal. Mr.S.V.Doraisolaimalai, learned Additional Government Pleader accepts notice on behalf of the respondents. It is averred by the petitioners among other things that in Annexure No.II of the documents bearing Nos.472/2010 and 1049/2011, on the file of the Sub Registrar, Triplicane-the 2nd respondent herein, certain mistakes have crept in and in this regard, the 1st petitioner has submitted a representation dated 17.08.2015 to the 1st respondent and upon receipt of the same, the 1st respondent in turn, has sent a communication dated 13.01.2016 in Na.Ka.No.11224/Aa1/2015, directing the 2nd respondent to take into consideration, the Court orders and take appropriate steps. The petitioners thereafter, submitted a representation dated 21.01.2016 to the 1st respondent praying for appropriate action.
The 2nd respondent, in turn, has sent a communication dated 22.01.2016 in Letter No.16/2016 to the petitioners stating that a copy of the decree dated 28.04.2010 made in OS.No.2455/2010 has been perused and since there was a direction, directing the Sub Registrar to act accordingly, further steps would have been taken.
The learned counsel for the petitioners would submit that in the light of the above said decree coupled with the direction given by the 1st respondent in his communication dated 13.01.2016, there cannot be any impediment on the part of the 2nd respondent to make necessary corrections in Annexure No.II in the above cited document and prays for appropriate orders. The Court heard the submissions of Mr.S.V.Doraisolaimalai, learned Additional Government Pleader appearing for the respondents.
Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioners, directs the 2nd respondent to act on the communication of the 1st respondent dated 13.01.2016 in Na.Ka.No.11224/Aa1/2015 and taking into consideration, the decree dated 28.04.2010 in OS.No.2455/2010 on the file of the Court of II Additional City Civil Judge, Chennai and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
The writ petitions stand disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1 The District Registrar, Central Madras, Barathi Salai, Chennai 600 014.
Copy to II Additional City Civil Judge, Chennai +1cc to Mr.R.Balachandran, Advocate, S.R.No.16660 +1cc to the Government Pleader, S.R.No.16523 AK(CO) RS(24/03/2017) W.P.Nos.6246 & 6247/2017