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Madras High CourtWP/4107/2022disposed of

V.Vasugi v. The Inspector General Of Registration

2022-02-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.4107 of 2022 V.Vasugi

...Petitioner

Vs.

1. The Inspector General of Registration, Mylapore, Chennai-600 004.

2. The Superintendent of Police, Ranipet-632 404, Ranipet District.

3. The Sub Registrar, Kalavai, Ranipet-632 506, Ranipet District.

4. The Inspector of Police, Kalavai, Ranipet-632 506, Ranipet District.

5. A.Ravi

6. K.Saravanan

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the representation dated 11.11.2021 and 11.01.2022 submitted by the petitioner, holding a thorough enquiry, affording sufficient opportunities to the petitioner and dispose of the same in accordance with law within a time frame, to be stipulated by this Honourable Court. For petitioner : Mr.W.M.Abdul Majeed For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the respondents 1 to 4 to consider the representations dated 11.11.2021 and 11.01.2022 submitted by the petitioner, holding a thorough enquiry, affording sufficient opportunities to the petitioner and disclose of the same in accordance with law within a time frame, to be stipulated by this Court. 2.Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3.Since, no adverse order is being passed against the fifth and sixth respondents, notice to the fifth and sixth respondents is dispensed with.

4.The case of the petitioner is that the petitioner's husband is the owner of the property situated in Kalavai Village, Ranipet District. He had appointed fifth and sixth respondents as power agents of the said property. Subsequently, petitioner's husband died on 16.01.2021 leaving behind the petitioner and her children as legal heirs. However, fifth and sixth respondents knowing fully about the death of petitioner's husband, they illegally executed a Sale Deed in favour of third parties, for which the petitioner made a representation to the respondents on 11.11.2021 and 11.01.2022 to cancel the fraudulent documents. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

5.Though very many grounds have been raised, learned counsel for the petitioner submitted that, consider the District Registrar as a party in the case, as he perused the petitioner's representation dated 11.11.2021 and the same was sent to the third respondent. Though, the District Registrar, Ranipet is not a party in the present Writ Petition, the petitioner's representation was sent to the District Registrar for reference. 6.The learned Special Government Pleader appearing for the respondents submits that the petitioner's representations dated 11.11.2021 will be considered by the District Registrar, Ranipet within the time frame that may be fixed by this Court. 7.In view of the aforesaid submissions, though the District Registrar Ranipet, is not a party in the case. However, the petitioner claimed that he made a representation to the District

Registrar, Ranipet on 11.11.2021. This Court without expressing any opinion on the merits of the case, directs District Registrar, Ranipet to consider the petitioner's representations dated 11.11.2021, under Section 68(2) of the Registration Act, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the private respondents.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar tri/anu To

1. The Inspector General of Registration, Mylapore, Chennai-600 004.

2. The Superintendent of Police, Ranipet-632404, Ranipet District.

3. The Sub Registrar, Kalavai, Ranipet-632506, Ranipet District.

4. The Inspector of Police, Kalavai, Ranipet-632506, Ranipet District.

5. The District Magistrate, Ranipet.

+1cc to M/s.W.M.Abdul Majeed, Advocate, S.R.No.12889 +1cc to the Government Pleader, S.R.No.13828 W.P.No.4107 of 2022 RSV(CO) RGA(17/03/2022)