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Madras High CourtWP/3929/2022disposed of

P.Sakthivel v. The Inspector General Of Registration,

2022-02-25Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.3929 of 2022 R.Sakthivel

...Petitioner

Versus

1.The Inspector General of Registration, Registration Department, Santhome High Road, Chennai - 60 004.

2.The Deputy Inspector General of Registration, Registration Department, Kumaragiri By-pass Road, Ammapettai, Salem - 636 014.

3.The District Registrar (Administration), Registration Department, District Registration Office at Dharmapuri, Dharmapuri District.

4.The Sub-registrar, Sub-registration Office of Dharmapuri (West), Dharmapuri District.

5.The Sub-registrar, Sub-registration Office of Palacode, Dharmapuri District.

6.Ramar 7.R.Pannerselvam 8.P.Abishake 9.Mrs.Krishnaveni

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation, dated 13.12.2021 and to pass orders in the petitioner's Appeal, dated 15.12.2020 within a time frame in accordance with law. For Petitioner :

Mr.R.N.Ramesh For Respondents :

Mr.Yogesh Kannadasan [For R1 to R5] Special Government Pleader

O R D E R

The present writ petition has been filed to direct the 1st respondent to consider the petitioner's representation, dated 13.12.2021 and pass orders on the petitioner's Appeal, dated 15.12.2020 within a time frame as may be fixed by this Court and in accordance with law.

2. Since no adverse orders have been passed against the 6th, 7th, 8th and 9th respondents, notice to them is dispensed with.

3.The case of the petitioner is that he made a representation to the 3rd respondent for cancellation of fraudulent Document No.2294 of 2016 in Survey No.42/16 and the said application was rejected by the Original authority/3rd respondent on 09.12.2020, as against which, the petitioner preferred an appeal before the 2nd respondent. To disposed of the appeal, a representation was preferred. However, no order was passed by the 2nd respondent on the said appeal. The said representation was accepted and till date, no order was passed on the representation made by the petitioner. Hence, the present writ petition is filed.

4.The learned counsel for the petitioner would submitted that this Court may issue a direction to the 2nd respondent. Though the petitioner made an appeal before the 2nd respondent, however, the petitioner annexed a copy mistakenly which was made before the 1st respondent. However, the petitioner will send a copy of the appeal along with the order copy to enable the 2nd respondent to pass appropriate orders.

5.Considering the facts and circumstances of the case, admittedly, the original authority rejected the petitioner's request on 9.12.2020. However, the petitioner claimed that he preferred an appeal before the 2nd respondent, however no copy was alive. This Court directs the petitioner to send a copy of appeal along with this order copy to enable the 2nd respondent to pass appropriate orders. On receipt of such appeal, the 2nd respondent is directed to pass orders on the said appeal, as expeditiously as possible.

6.With the aforesaid directions, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar nti/Anu

To 1.The Inspector General of Registration, Registration Department, Santhome High Road, Chennai - 60 004.

2.The Deputy Inspector General of Registration, Registration Department, Kumaragiri By-pass Road, Ammapettai, Salem - 636 014.

3.The District Registrar (Administration), Registration Department, District Registration Office at Dharmapuri, Dharmapuri District.

4.The Sub-registrar, Sub-registration Office of Dharmapuri (West), Dharmapuri District.

5.The Sub-registrar, Sub-registration Office of Palacode, Dharmapuri District.

+1cc to Mr.N.Ramesh, Advocate Sr.No.12894 +1cc to the Government Pleader Sr.No.13356 W.P.No.3929 of 2022 CP(CO) RVM(21/03/2022)