Bikam Chand Jain v. Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.4775 of 2023 Bikam Chand Jain ....
Petitioner -Vs1 Inspector General of Registration Registration Deparment No.100 Santhome High Road Chennai.
2 The District Registrar Krishnagiri District Krishnagiri.
3 The Sub Registrar SRO Shoolagiri Krishnagiri District.
4 M.Bhushankumar ....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioners representation dated 31.01.2023 and to delete the entries in the encumbrance certificate vide Document Nos. 133/2021, 4416/2022 with respect to survey Nos. 4/2 4/3A 4/4B1 30 in Mettubandanapalli Village Shoolagiri Taluk Krishnagiri District allow him to register of any type of registration in regarding his property.
For Petitioner : Mr.M.P.Saravanan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader - for RR 1 to 3 Notice dispensed with - R4 1 / 4
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider the petitioners representation dated 31.01.2023 and to delete the entries in the encumbrance certificate vide Document Nos. 133/2021, 4416/2022 with respect to survey Nos. 4/2 4/3A 4/4B1 30 in Mettubandanapalli Village Shoolagiri Taluk Krishnagiri District allow him to register of any type of registration in regarding his property.
2. The petitioner wanted to cancel the document Nos.133/2021 and 4416/2022 as according to him, those documents are fraudulent documents and had given a complaint against the 4th respondent to the 2nd respondent on 31.01.2023. In order to enquire the matter and to pass orders thereon on merits and in accordance with law, the petitioner has moved the present writ petition.
3. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
4. Learned Special Government Pleader would submit that, the said complaint given by the petitioner dated 31.01.2023 to conduct enquiry and to cancel the documents in question would be considered and after enquiry, it will 2 / 4
be decided on merits and in accordance with law, of course after hearing the petitioner as well as the 4th respondent within a time frame that may be stipulated by this Court.
5. Considering the said submission made by the learned Special Government Pleader, this Court directs the 2nd respondent to consider the complaint given by the petitioner dated 31.01.2023 and after conducting due enquiry by giving an opportunity of being heard to both the petitioner as well as the 4th respondent, the same shall be decided on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above directions, this writ petition is disposed of. No costs. 20.02.2023 Index : Yes/No Speaking Order / Non-speaking order KST 3 / 4
R. SURESH KUMAR, J.
KST To 1 Inspector General of Registration Registration Deparment No.100 Santhome High Road Chennai.
2 The District Registrar Krishnagiri District Krishnagiri.
3 The Sub Registrar SRO Shoolagiri Krishnagiri District.
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