O.Hanumanram v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.2308 of 2022 O.Hanumanram ... Petitioner Vs.
1.The Principal Secretary to Government, Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009.
2.The Inspector General of Registration, 100, Santhome High Road, Mylapore, Chennai - 600 028.
3.The District Registrar (Administration) Kancheepuram Registration District, No.52, Orikkai Madura, Udhayamangalam Village, Kancheepuram - 631 502.
4.The Sub - Registrar, Office of the Sub Registrar, Thiruvallur.
5.P.Velraj 6.P.V.Ekambaram ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to conduct enquiry pursuant to the petitioner's representation dated 20.08.2021 and cancel the sale deed bearing Document Number 2212 of 1999 dated 23.04.1999, on the file of SRO, Thiruvallur.
For Petitioner : Mr.M.Vijayanand For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the third respondent to conduct enquiry pursuant to the petitioner's representation dated 20.08.2021 and to cancel the sale deed bearing Document Number 2212 of 1999 dated 23.04.1999, on the file of SRO, Thiruvallur. 2.The case of the petitioner is that the petitioner is the owner of the subject property and during August, 2021, he verified the online encumbrance certificate from which he came to know that sale deed bearing Document Number 2212 of 1999 dated 23.04.1999 has been fraudulently executed on the file of SRO, Thiruvallur.
Hence, he made representation dated 20.08.2021 through his representative K.Ghewarchand to the third respondent seeking action against the respondents 5 and 6 and other persons involved in the execution of the fraudulent sale deed and since there was no response, has filed this writ petition.
3.The learned counsel appearing for the petitioner submitted that this Court may issue direction to the official respondents to conduct enquiry by considering the petitioner's representation dated 20.08.2021 and to pass appropriate orders within a reasonable time frame.
4.Heard the submissions made by the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the official respondents. Since this Court is not inclined to issue any adverse order as against the private respondents, notice to the private respondents is dispensed with.
5.Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the official respondents to consider the petitioner's representation dated 20.08.2021, on merits and in accordance with law and after conducting enquiry with the petitioner as well as the private respondents, shall pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. 6.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
pri To 1.The Principal Secretary to Government, Commercial Taxes and Registration Department, Fort St.George, Chennai - 600 009.
2.The Inspector General of Registration, 100, Santhome High Road, Mylapore, Chennai - 600 028.
3.The District Registrar (Administration) Kancheepuram Registration District, No.52, Orikkai Madura, Udhayamangalam Village, Kancheepuram - 631 502.
4.The Sub - Registrar, Office of the Sub Registrar, Thiruvallur.
+1 cc to Government Pleader Sr.NO. 9884 W.P.No.2308 of 2022 mt(CO) A.SK(11/03/2022)