A.K.Ellappan v. The Inspector Of General Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.3815 of 2022 A.K.Ellappan ... Petitioner Vs.

1. The Inspector of General Registration, No.100, Santhome High Road, Mandavelipakkam, Chennai-600 028.

2. The District Registrar, Kancheepuram High Road, Chengalattu - 603 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to pass final order inNa.Ka.No.2835/A3/2021 dated 09.09.2021.

For Petitioner : Mr.V.Viswanathan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the 2nd respondent to pass final order in Na.Ka.No.2835/A3/2021 dated 09.09.2021.

2. The learned Special Government Pleader takes notice to the official respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner's mother is the owner of the property. However, without his knowledge one Radhakrishna Reddiar obtained Sale Deed in favour of his wife one Dhanalakshmi by way of fraudulent document. For this the petitioner made a representation on 09.07.2021 under https://hcservices.ecourts.gov.in/hcservices/

Section 68(2) of the Act, to hold an enquiry for cancellation of fraudulent document. Thereafter, the second respondent issued notice to the concerned parties however, till date no orders have been passed. Hence, this writ petition is filed.

4. The learned counsel for the petitioner submitted that it would suffice if this Court issues a direction to the 2nd respondents to consider the petitioner's representation dated 09.07.2021 in accordance with law and pass appropriate orders within a particular time frame fixed by this Court.

5. The learned Special Government Pleader appearing on behalf of the respondents submits that the petitioner's representation dated 09.07.2021 will be considered by the respondents within the time frame fixed by this Court.

6. Considering the facts and circumstances, without going into the merits of the case, the 2nd respondent is directed to consider the petitioner's representation dated 09.07.2021 and pass orders on merits and in accordance with law after providing opportunity of hearing to the aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Psa To

1. The Inspector of General Registration, No.100, Santhome High Road, Mandavelipakkam, Chennai-600 028.

2. The District Registrar, Kancheepuram High Road, Chengalattu - 603 001.

+1cc to Mr.V.Viswanathan, Advocate, S.R.No.12544 +1cc to the Government Pleader, S.R.No.13042 W.P. No.3815 of 2022 SJ[co] NSK 10/03/2022 https://hcservices.ecourts.gov.in/hcservices/