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Madras High CourtWP/4320/2022disposed of

Padmavathiammal v. The District Registrar

2022-03-01Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Padmavathiammal

...Petitioner

vs.

1. The District Registrar, Office of the District Registration, Arakkonam Town and Taluk, Gandhi Road, Ranipet - 631 101.

2. Muniyammal

3. Venkatesan

4. Abbayi

5. Perumal ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to pass orders on proceedings bearing Na.Ka.No.4192/A2/2021 pursuant to the petitioners complaint/representation dated 27.08.2021.

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For Petitioner : Mr.R.Vasanth For Respondents : Mr.Yogesh Kannadasan Special Government Pleader [R1] Notice Dispensed with [R2-R4]

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus directing the 1st respondent to pass orders on proceedings bearing Na.Ka.No.4192/A2/2021 pursuant to the petitioners complaint/representation dated 27.08.2021.

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

3. The case of the petitioner is that, the petitioner being the absolute owner of the property comprised in Survey No.57/1, admeasuring about 91 cents at Perumalrajupet Village. Thereafter, a Civil Suit had been filed in O.S.No.924 of 1981 before the District Munsif Court and the same was also confirmed by this Court in S.A.976 of 1986. Despite which, the husband of 2nd respondent and 4th respondent's name were fraudulently included in Patta 2/5

with respect to the subject property and no steps were taken to remove their names despite the order of this Court in W.P.No.11422 of 2015 dated 20.04.2015. Thereafter,the respondents 2 to 4 had executed a fictitious sale deed, by way of forging a possession certificate, in favour of the 5th respondent vide Document No.3757 of 2020 dated 18.12.2020. Hence, the petitioner had made a representation on 27.08.2021 before the 1st respondent to take action on the fraudulent sale deed. Since no action has been taken. The petitioner has come up with the present petition seeking the aforesaid relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 27.08.2021 and pass orders on the same within a particular time frame fixed by this Court.

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

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6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 27.08.2021 and pass appropriate orders on merits and in accordance with law, after affording opportunity to the petitioner as well as the private respondents, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs.

01.03.2022 rap/skt Index :

Yes/No Speaking order :

Yes/No To The District Registrar, Office of the District Registration, Arakkonam Town and Taluk, Gandhi Road, Ranipet - 631 101.

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M.DHANDAPANI, J.

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