S.Bhaskar, v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.03.2017

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN WP.No.6528/2017 & WMP.No.7033/2017 S.Bhaskar rep.by his Power of Attorney Agent V.Sundaramurthi ..

Petitioner

Versus

1.The Inspector General of Registration Department of Registration, Government of Tamil Nadu, Santhome, Chennai 600028.

2.The Sub Registrar, Department of Registration Government of Tamil Nadu Avadi, Tiruvellore District.

3.D.Gopal 4.Umaiyal 5.Mythili 6.Muralidharan 7.Vasanthi 8.Soodmani 9.Prabhakaran 10.Maheswari 11.Y.Nagaiah 12.G.Pramila 13.K.Kumar 14.A.K.Mani ..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to enquire into and dispose of the petitioner's appeal petition dated 13.08.2015 filed before the 1st respondent early and forbear the respondents 1 and 2 from registering any documents relating to S.No.385 in Vellanoor Village, Ambattur Taluk, Tiruvellore District pending the disposal of the said appeal petition.

For Petitioner :

Mr.S.Subramaniyan For RR 1 & 2 :

Mr.S.N.Parthasarathy, GA

ORDER

By consent, the writ petition is taken up for final disposal. Mr.S.N.Parthasarathy, learned Government Advocate accepts notice on behalf of the respondents 1 and 2. The petitioner is represented by his Power of Attorney agent who would aver among other things that his Principal namely S.Bhaskar, is the absolute and lawful owner of the site admeasuring to an extent of 3120 sq.ft., in Survey No.385/4A1A1 in Vellanoor Village, Ambattur Taluk, Tiruvallur District and it lies in Karpagam Nagar layout and that the said person is also in physical possession and enjoyment of the said property. The petitioner, alleging fabrication and creation of false documents bearing Registration Nos.2154/1970 and 2241/1970, had moved the District Registrar [Incharge], South Chennai, for cancellation of the said registration and vide proceedings No.

15028/Aa3/2012 dated 14.07.2015, the representation of the petitioner submitted by the Power of Attorney agent of the petitioner, came to be rejected and challenging the legality of the same, the Power of Attorneyfather of the petitioner herein, filed an appeal before the 1st respondent on 13.08.2015 and though it was received and acknowledged, so far no final orders have been passed and therefore, the petitioner came forward to file the present writ petition.

Heard the learned counsel for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate appearing for the respondents 1 and 2.

This Court, taking into consideration, the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the 1st respondent to entertain the appeal memorandum/petition dated 13.08.2015, if the papers are otherwise in order and after putting the respondents 3 to 14 on notice, shall consider and dispose of the said appeal on merits and in accordance with law and pass appropriate orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar

To 1.The Inspector General of Registration Department of Registration, Government of Tamil Nadu, Santhome, Chennai 600028.

2.The Sub Registrar, Department of Registration Government of Tamil Nadu Avadi, Tiruvellore District.

+1 cc to Govt.Pleader,sr.17017 +1 cc to Mr.S.Subramanian,advocate,sr.16805.

nrjk(co) krd 28/3 WP.No.6528/2017