Madras High CourtWP/6132/2021disposed of

M.Gopal v. The Inspector General Of Registration,

2021-03-11Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.6132 of 2021 M.Gopal ...

Petitioner Vs.

1.The Inspector General of Registration No.100, Santhome High Road Mullima Nagar, Mandavelipakkam R.A.Puram, Chennai - 600 028.

2.The District Registrar (Administration) Registration Department Krishnagiri 3.The Joint Registrar-I Registration Department Krishnagiri ...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to consider and pass appropriate orders on the representation dated 30.12.2020 made by the petitioner inter alia seeking to conduct an enquiry and cancel the order dt 25.05.2018, passed by the second respondent. For Petitioner : Mr.T.Shanmugam For Respondents: Mr.T.M.Pappiah Special Government Pleader

ORDER

The petitioner has approached the second respondent with his representation dated 30.12.2020 seeking to conduct an enquiry and to cancel the proceedings of the second proceedings in No.6085/Voo/2017 dated 25.05.2016.

2. The case of the petitioner is that he had purchased a certain extent of property in S.No.263/2A in Poganapalli Village, Krishnagiri District from his vendor Vide sale deed No.2861/2016

dated 17.10.2016, and was in absolute possession and enjoyment of the property. To his surprise, he received a proceedings from the second respondent dated 25.05.2016, wherein it is stated that a complaint was lodged by a certain Sarasamma, stating that his vendor Muniraj had illegally sold the aforesaid property to the petitioner, and that an FIR too came to be registered against the petitioner and his vendor, and therefore, an action may be initiated against the executants of the sale deed under Section 83 of the Registration of the Act. This is now under challenge.

3. Heard the learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader for respondents 1 and 2.

4. The Sub Registrar, Krishnagiri / Enquiry Officer concerned is now required to hold an enquiry into the representation of the petitioner dated 30.12.2020, after issuing notices, and hearing all the parties, who are likely to be affected by his decision and to dispose of the same through a speaking order within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ds To:

1.The Inspector General of Registration No.100, Santhome High Road Mullima Nagar, Mandavelipakkam R.A.Puram, Chennai - 600 028.

2.The District Registrar (Administration) Registration Department Krishnagiri 3.The Joint Registrar-I Registration Department Krishnagiri

4.The Sub Registrar, Krishnagiri, +1cc to Mr.T.Shanmugam, Advocate, S.R.No.15609 +1cc to the Government Pleader, S.R.No.16251 W.P.No.6132 of 2021 SSN(CO) CB(27/04/2021)