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Madras High CourtWP/5782/2022disposed of

U.Jinendar Kumar v. The District Collector

2022-03-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.5782 of 2022 U.Jinendar Kumar

...Petitioner

vs.

1. The District Registrar, Registration Department, No.102, State Bank Road, Gopalapuram, Coimbatore - 641 018.

2. Siluvainayagam

3. Vinoth

4. N.S.Mohan Kumar

5. M.Preetha

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioner complaint dated 13.10.2021 within the time stipulated as may be fixed by this Hon'ble Court.

For Petitioner : Mr.S.Saravanan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's complaint dated 13.10.2021 within a stipulated time. 2.Since no adverse order is being passed against the private respondents, notice to the private respondents is dispensed with. 3.The case of the petitioner is that the petitioner purchased the property situated at Vilankurichi Village, Coimbatore comprised in S.No.4A, of an extent 1.16.292 acres vide Sale Deed dated 04.07.2011 on the file of Sub Registrar Office from one Poornachanth. Thereafter, he is in possession and enjoyment of the said property. While that being so, the 2nd and 3rd respondents had created a forged sale deed in respect of the above said property measuring an extent of 15 cents and https://hcservices.ecourts.gov.in/hcservices/

fraudulently executed the same in favour of the 4th and 5th respondents. While so, the petitioner made a complaint before the 1st respondent on 13.10.2021 to cancel the forged Sale Deed in respect of the said property. Since no action has been taken by the 1st respondent, the petitioner filed the present Writ 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 complaint dated 13.10.2021 and pass orders on merits within a particular time frame that may be fixed by this Court.

5.The Government Advocate for 1st respondent has no objection for said order being passed.

6.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 7.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 complaint dated 13.10.2021 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner and the private respondents within a period of twelve weeks from the date of receipt of a copy of this order. 8.This writ petition is accordingly disposed of.No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rap/sk To The District Registrar, Registration Department, No.102, State Bank Road, Gopalapuram, Coimbatore - 641 018.

+1cc to Mr.S.Saravanan, Advocate, S.R.No.17849 +1cc to the Government Pleader, S.R.No.18336 W.P.No.5782 of 2022 SPD(CO) RGA(05/04/2022) https://hcservices.ecourts.gov.in/hcservices/