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Madras High CourtWP/3989/2022disposed of

M.Rajesh v. The Inspector General Of Registration

2022-02-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.3989 OF 2022 M.Rajesh ... Petitioner Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, R.A.Puram, Chennai-600028.

2. The Deputy Inspector General of Registration, Salem.

3. The District Registrar, Krishnagiri District, Krishnagiri.

4. The Sub-Registrar, Hosur & Taluk, Krishnagiri District.

5. Kammalammal

6. D.Raja

7. D.Nagaraj

8. D.Srinivasu

9. D.Jayaram 10.D.Rangathapa 11.D.Saroja 12.Manjula ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4, particularly 3rd respondent to consider the representation dated 31.01.2022, sent for cancellation of the registered Settlement Deed dated 06.12.2006, registered as Doc.No.16513/2006, SRO, Hosur, pertaining to the house plots property, situated at Hosur Town and Taluk, Krishnagiri District, comprised in Survey Nos.89 & 90, to an extent of 3618 sq.ft.

For petitioner : Mr.R.Thanjan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the respondents 1 to 4, particularly 3rd respondent to consider the representation dated 31.01.2022, sent for cancellation of the registered Settlement Deed dated 06.12.2006, registered as Doc.No.16513/2006, SRO, Hosur, pertaining to the house plots property, situated at Hosur Town and Taluk, Krishnagiri District, comprised in Survey Nos.89 & 90, to an extent of 3618 sq.ft.

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

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

4. The case of the petitioner is that petitioner is the absolute owner of the property comprised in Survey No.89, Survey No.90, total extent of 1925 sq.ft and in Plot No.7, comprised in S.No.89 commonly enjoyed in Plot No.8, comprised in S.No.90, measuring total an extent of 2818 sq.ft, situated at Hosur Town and Taluk, Krishnagiri District. However, the fifth respondent, settled the said property in favour of respondents 6 to 12 herein by executing a Settlement Deed on 06.12.2006, without any right over the said property. Hence, the petitioner made a representation on 31.01.2022 to the respondents to cancel the registered Settlement Deed dated 06.12.2006. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the official respondents to consider the petitioner's representation dated 31.01.2022 within the time frame that may be fixed by this Court.

6. The learned Special Government Pleader appearing for the respondent submits that the petitioner's representation dated 31.01.2022 will be considered by the respondents within the time

frame that may be fixed by this Court.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the official respondents to consider the petitioner's representation dated 31.01.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the private respondents 5 to 12.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tri/anu To

1. The Inspector General of Registration, No.100, Santhome High Road, R.A.Puram, Chennai-600028.

2. The Deputy Inspector General of Registration, Salem.

3. The District Registrar, Krishnagiri District, Krishnagiri.

4. The Sub-Registrar, Hosur & Taluk, Krishnagiri District.

+1cc to Mr.R.Thanjan, Advocate, S.R.No.13614 +1cc to the Government Pleader, S.R.No.13826 W.P.No.3989 of 2022 SPD(CO) PM/18/04/2022