M.A.Kesavan v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2016
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.11283/2016 M.A.Kesavan .. Petitioner Vs.
1.The District Registrar Office of the District Registrar, 12, Perumal Kovil Street, Ariyalur-621 704.
2.The Sub Registrar, Office of the Sub Registrar, Chettikulam, Thuraiur Road, Chettikulam-621 104.
3.The Inspector General of Registration, Office of the Registrar General, 100, Santhome High Road, Chennai-600 028.
4.Parasuraman 5.The Managing Director Kalaimagal Sabha, D.No.67A, Pudupallipalayam Road, Komarapalayam Town Tiruchengode Taluk Salem District.
.. Respondents **RR4 and 5 impleaded as per the order of this Court dated 25.11.2016 made in WMP.No.10966/2016 in WP.No.11283/2016 PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st respondent to pass order on the petitioner's representation dated 17.02.2016 within a specified time frame as may be stipulated by this Hon'ble Court.
For Petitioner :
Mr.M.Karunanidhi For RR 1 to 3 :
Mr.A.Kumar, Spl.GP
ORDER
Heard the learned counsel for the petitioner and Mr.A.Kumar, learned Special Government Pleader appearing for the respondents 1 to 3 and perused the materials placed before it. The case of the petitioner is that the father of the petitioner had purchased punjai land measuring to an extent of 5.24 acres situate in Sriunganur Village, through a registered Sale Deed bearing Doc.No.238/1946 registered on the file of the office of the Sub Registrar, Chettikulam, the 2nd respondent herein. Patta No.29 was also issued in favour of the petitioner's father. While so, some of the landgrabbers, had fraudulently created forged Power of Attorney in respect of the said land and the same was registered as Doc.No.131/1997 dated 06.02.
1992 with the 2nd respondent and on the basis of the said fraudulent Power of Attorney deed, the said property was sold to the 4th respondent herein. Hence, the petitioner, has sent a representation to the 1st respondent on 19.05.2015 enclosing all the relevant documents. It is also the case of the petitioner that the 3rd respondent has directed the 1st respondent to take appropriate action on the petitioner representation, vide his letter dated 10.06.2015. Despite the same, no action was forth coming.
Therefore, the petitioner has sent another representation on 27.01.2016 to the 1st respondent and though the same was received and acknowledged, the petitioner is yet to favour with any kind of response. Hence, the petitioner is constrained to approach this Court by filing the present writ petition.
Considering the limited scope of prayer sought for by the petitioner, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the 1st respondent to consider and dispose of the petitioner's representation dated 27.01.2016 on merits and in accordance with law, after issuing notice to the respondents 4 and 5 and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.
The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.The District Registrar Office of the District Registrar, 12, Perumal Kovil Street, Ariyalur-621 704.
2.The Sub Registrar, Office of the Sub Registrar, Chettikulam, Thuraiur Road, Chettikulam-621 104.
3.The Inspector General of Registration, Office of the Registrar General, 100, Santhome High Road, Chennai-600 028.
+1cc to Mr.M.Karunanithi, Advocate, S.R.No.68980 SR(CO) BB(29/12/2016) WP.No.11283/2016