Kalyan Chetty v. The Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.2739 of 2023 Kalyan Chetty ....

Petitioner -Vs1.The Inspector General of Registration Mylapore, Chennai 2.The District Registrar Krishnagiri, Krishnagiri District.

3.The Sub Registrar Shoolagiri, Krishnagiri District.

4.Krishnamoorthy 5.T.Kalyan Raja ....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to cancel bogus registered sale deed in Document No.3979 of 2022 dated 23.06.2022 registered with 3rd respondent in respect of the petitioner's land measuring to an extent of 76 cents comprised in S.No.74/3 of Alenatham Village, Shoolagiri Taluk, Krishnagiri District.

For Petitioner : Ms.L.Aishwarya Lakshmi For Respondents : Mr.Yogesh Kannadasan Special Government Pleader - for RR 1 to 3 Notice dispensed with - for RR 4 and 5 1 / 4

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondents 1 to 3 to cancel bogus registered sale deed in Document No.3979 of 2022 dated 23.06.2022 registered with 3rd respondent in respect of the petitioner's land measuring to an extent of 76 cents comprised in S.No.74/3 of Alenatham Village, Shoolagiri Taluk, Krishnagiri District.

2. In respect of the document in Document No.3979 of 2022 dated 23.06.2022 with regard to the property measuring to an extent of 76 cents comprised in S.No.74/3 of Alenatham Village, Shoolagiri Taluk, Krishnagiri District, the petitioner had given a complaint-cum-representation dated 02.07.2022 to the 2nd respondent to cancel the said document on the ground that it is a fraudulent or bogus document within the meaning of Section 22B read with Section 77-A of the Registration Act. In order to consider the same, the present writ petition has been filed.

3. Heard Ms.L.Aishwarya Lakshmi, learned counsel for the petitioner and Mr.Yogesh Kannadasan learned Special Government Pleader for the official respondents. In view of the order that is going to be passed, notice to the private respondents is hereby dispensed with.

4. Learned Special Government Pleader would submit that the complaint2 / 4

cum-representation submitted by the petitioner would be enquired into after giving an opportunity of being heard to both the petitioner as well as the private respondents and a decision would be made within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Special Government Pleader, this Court is inclined to dispose of this writ petition with the following order.

"That there shall be a direction to the 2nd respondent to consider the complaint-cum-representation dated 02.07.2022 submitted by the petitioner and upon conducting enquiry after giving an opportunity to the petitioner as well as the private respondents, decide the issue on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order."

6. With the above directions, this writ petition is disposed of. No costs. 03.02.2023 Index : Yes/No Speaking Order / Non-speaking order KST R. SURESH KUMAR, J.

3 / 4

KST To 1.The Inspector General of Registration Mylapore, Chennai 2.The District Registrar Krishnagiri, Krishnagiri District.

3.The Sub Registrar Shoolagiri, Krishnagiri District.

W.P.No. 2739 of 2023 03.02.2023 4 / 4