N.Vijaya Basker v. The Deputy Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.1587 of 2022 N.Vijaya Basker ... Petitioner -Vs1. The Deputy Inspector General of Registration, Combined Registration Office Building, Kumaragiri By-Pass Road, Ammapet, Salem District - 636 014.
2. The District Registrar (West), Combined Registration Office Building, Kumaragiri By-Pass Road, Ammapet, Salem District - 636 014.
3. The Sub-Registrar, No.3, Joint Sub-Registrar Office, Sivadhapuram, Salem.
4. M.A.Thiagarajan
5. K.Perumal ... 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 Nos.1 to 3 to delete the forged and fraudulent documents registered by the fourth respondent vide Doc.No.2081 of 2009 dated 30.10.2009, Doc.No.274 of 2011, dated 04.02.2011, Doc.No.275 of 2011 dated 04.02.2011, Doc.No.435 of 2011, dated 17.02.2011, Doc.No.1353 of 2013, dated 29.05.2013, Doc.No.387 of 2014 dated 20.02.2014, thereby make further entries in Index-II column with the office of the third respondent in respect of the Common Road to an extent of 15*225=3375 square feets, East-West Road from Chinnerivaiyal Kadu Road, situated at Thalampallam Village, Pallappatti, Salem District - 636 009 as per the Circular issued by the Inspector
General of Registration, vide Circular No.20217/U1/2021 dated 09.07.2021 and to pass a suitable order within a stipulated time by considering the petitioner's representation dated 20.11.2020. For Petitioner : Mr.L.Pachaiyappan For R1 to R3 : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents Nos.1 to 3 to delete the forged and fraudulent documents registered by the fourth respondent vide Doc.No.2081 of 2009 dated 30.10.2009, Doc.No.274 of 2011, dated 04.02.2011, Doc.No.275 of 2011 dated 04.02.2011, Doc.No.435 of 2011, dated 17.02.2011, Doc.No.1353 of 2013, dated 29.05.2013, Doc.No.387 of 2014 dated 20.02.2014, thereby make further entries in Index-II column with the office of the third respondent in respect of the Common Road to an extent of 15*225=3375 square feets, East-West Road from Chinnerivaiyal Kadu Road, situated at Thalampallam Village, Pallappatti, Salem District - 636 009 as per the Circular issued by the Inspector General of Registration, vide Circular No.20217/U1/2021 dated 09.07.2021 and to pass a suitable order within a stipulated time by considering the petitioner's representation dated 20.11.2020. 2.
Heard Mr.L.Pachaiyappan, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1 to 3. 3.
The petitioner lodged complaint before the second respondent on 20.11.2020, as against the fraudulent transaction by the fourth and fifth respondents and it is pending without conducting any enquiry.
4.
Considering the same, the second respondent is directed to issue notice to the petitioner and the respondents 4 and 5 herein, based on the representation dated 20.11.2020 and conduct an enquiry 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. There shall be no order as to costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mn To
1. The Deputy Inspector General of Registration, Combined Registration Office Building, Kumaragiri By-Pass Road, Ammapet, Salem District - 636 014.
2. The District Registrar (West), Combined Registration Office Building, Kumaragiri By-Pass Road, Ammapet, Salem District - 636 014.
3. The Sub-Registrar, No.3, Joint Sub-Registrar Office, Sivadhapuram, Salem.
+2ccs to M/s.L.Pachaiyappan, Advocate, S.R.No.5930 +1cc to the Government Pleader, S.R.No.6901 W.P.No.1587 of 2022 KG(CO) SU(08/03/2022)