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Madras High CourtWP/4516/2023disposed of

R.Gopal Aachari v. The Inspector General Of Registration

2023-02-15Honourable Mr Justice R. Suresh Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.4516 of 2023 R.Gopal Aachari ... Petitioner -Vs1. The Inspector General of Registration, O/o. Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai - 600 028.

2. The South-Chennai District Registrar, O/o. The South-Chennai District Registrar, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandhanam, Chennai - 600 035.

3. The Joint Sub Registrar South-Chennai -No.1, O/o. The Joint Sub Registrar South-Chennai - No.1, Saidapet, Chennai - 600 015.

4. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Sriperumbadur.

5. The Tahsildar, O/o. The Tahsildar, Pallavaram Taluk, Kanchipuram District.

... Respondents 1/6

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to consider the representation dated 02.10.2022 made by the petitioner sent on 03.10.2022 by register post to the respondent 1 to 3 herein to cancellation of Gift the Deed executed in Document Number 1388 of 2019 dated 15.01.2019 before the Joint Sub Registrar, South - Chennai No.1, based on fraudulent Patta No.74 in respect of S.No.17/45/2, PeriyaKoluthuvanchery, Paraniputhur Post, Chennai - 600 122.

For Petitioner : Mr.B.Sridhar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The prayer sought for herein is for a writ of mandamus directing the third respondent to consider the representation dated 02.10.2022 made by the petitioner sent on 03.10.2022 by register post to the respondent 1 to 3 herein to cancellation of Gift Deed executed in Document Number 1388 of 2019 dated 15.01.2019 before the Joint Sub Registrar, South - Chennai No.1, based on fraudulent Patta No.74 in respect of S.No.17/45/2, PeriyaKoluthuvanchery, Paraniputhur Post, Chennai - 600 122.

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2. The petitioner has given a complaint-cum-representation on 02.10.2022 to the respondents especially the second respondent to cancel the settlement deed in document No.1388/2019 dated 15.01.2019 and in order to conduct an enquiry by the second respondent on the complaint given by the petitioner under Section 77-A of the Registration Act, 1908, the petitioner has moved the present writ petition with the aforesaid prayer.

3. Heard Mr.B.Sridhar, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.

4. Learned Special Government Pleader appearing for the respondents would submit that the said complaint-cum-representation given by the petitioner would be enquired into and after hearing both the petitioner as well as the persons, against whom such complaint has been given by the petitioner, necessary orders would be passed by the second respondent on the complaint-cum-representation given by the petitioner within a time frame that may be stipulated by this Court. 3/6

5. Considering the said submission made by the learned Special Government Pleader appearing for the respondents, this Court is inclined to dispose of this writ petition with the following order: That the second respondent is hereby directed to decide the complaint-cum-representation given by the petitioner after giving an opportunity of being heard to both the petitioner as well as the persons against whom such complaint has been given and the same shall be disposed of on merits and in accordance with law within a period of twelve(12) weeks from the date of receipt of a copy of this order.

With this direction, this writ petition is disposed of. No costs. 15.02.2023 Index : Yes/No Speaking order: Yes/No mp 4/6

To

1. The Inspector General of Registration, O/o. Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai - 600 028.

2. The South-Chennai District Registrar, O/o. The South-Chennai District Registrar, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandhanam, Chennai - 600 035.

3. The Joint Sub Registrar South-Chennai -No.1, O/o. The Joint Sub Registrar South-Chennai - No.1, Saidapet, Chennai - 600 015.

4. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Sriperumbadur.

5. The Tahsildar, O/o. The Tahsildar, Pallavaram Taluk, Kanchipuram District.

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R. SURESH KUMAR, J.

mp Writ Petition No.4516 of 2023 15.02.2023 6/6