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Madras High CourtWP/5798/2022disposed of

R.Kunthavai Devi v. The Inspector General Of Registrar,

2022-03-15Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.5798 OF 2022 R.Kunthavai Devi ... Petitioner .Vs.

1. The Inspector General of Registrar, The Tamil Nadu Registration Department, No.120, Santhome High Road, Chennai - 28.

2. The District Registrar, Chennai (North), Chennai - 18.

3. The Sub-Registrar, Sub-Registrar's Office, Redhills, Chennai - 600 052.

4. Harikrishnan ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to consider the representation dated 22.11.2021 within a stipulated time.

For Petitioner :

Mr.G.M.Gokul Ram For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 2nd respondent to consider the representation dated 22.11.2021.

2. Since no adverse order is being passed against the private respondent, notice to the private respondent is dispensed with.

3. The case of the petitioner is that, the property in S.No.584/1, of an extent of 4 Acres 14 Cents, situated at Pammathukulam Village originally belong to one Papathi Ammal who executed a settlement deed in favour of one Kothandan/ petitioner's father. Thereafter petitioner's father was in possession and enjoyment of the said property. While that being so, said Kothandan executed a Power of Attorney in favour of the 4th respondent, dated 19.05.1989 of an extent of 3 Acres 93 1⁄2 Cents out of the above said property on the file of Sub Registrar Office. After the demise of said Kothandan, the 4th respondent with malafide intention created a forged Life Certificate that the petitioner's father is alive, based on the Life Certificate, a Sale Deed was registered in favour of the his daughter and grandchildren of an extent of 2400 Sq.

ft and 2292 Sq.ft. respectively. When the petitioner, his brother and sister decided to execute a partition deed on 05.11.2021, they came to know about the forged documents which was created by the 4th respondent. While so, the petitioner made a representation to the 2nd respondent dated 22.11.2021 to take appropriate action against the 4th respondent. Since, no action has been taken by the 2nd respondent, the petitioner has filed the present Writ Petition seeking the above said relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that once the principal dies, the power executed by the principal automatically vests with the legal heirs. He further submits that, the 4th respondent, taking advantage of the Power of Attorney dated 19.05.1989, executed a Sale Deed in favour of his daughter and son by way of forging the life certificate of petitioner's father, which is not sustainable. Hence, it would suffice if this Court issues a direction to the 2nd respondent to consider the petitioner's representation dated 22.11.2021 and pass orders on merits within a particular time frame that may be fixed by this Court.

5. The Special Government Pleader for respondents has no objection for said order being passed.

6. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 22.11.2021 and pass appropriate orders on merits and in

accordance with law, after affording opportunity of hearing to the petitioner and 4th respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

8. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rap/sk To 1.

The Inspector General of Registrar, The Tamil Nadu Registration Department, No.120, Santhome High Road, Chennai - 28.

2.

The District Registrar, Chennai (North), Chennai - 18.

3.

The Sub-Registrar, Sub-Registrar's Office, Redhills, Chennai - 600 052.

+1cc to the Government Pleader, S.R.No.18337 W.P.NO.5798 OF 2022 GPL(CO) PBS/07/04/2022