K.Loganathan, v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.11402 of 2015 K.Loganathan .. Petitioner - Vs -
1. The Inspector General of Registration, Registration Department, Chennai - 600 028.
2. The District Registrar (Administration), Office of the District Registration, Kancheepuram District, Kancheepuram.
3. The Joint Sub Registrar No.1, Office of the Joint Sub Registration, Kancheepuram.
.. Respondents Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the second respondent to complete the enquiry on the petitioner's protest petition dated 10.04.2012 and the subsequent representations dated 30.10.2014 and 11.12.2014 in accordance with law within a time frame. Petitioner : Mr.Dr.P.Vasudevan For Respondents : Mr.Rm.Muthukumar Government Advocate
O R D E R
By consent, the writ petition is take up for final disposal.
2. The petitioner claims that he is the absolute owner of the property bearing Door No.60-B, Kamatchi Amman Sannadhi Street, Kancheepuram in T.S.No.873, 4th Division, measuring 880 sq.ft. along with building measuring 260 sq.ft. by means of a registered settlement deed dated 01.11.1972 in Doc.No.1960 of 1972. Subsequently, his grandfather who has executed the above said settlement deed has entered into an agreement with his two sons and executed a registered partition deed dated 07.12.1974 with document No.1190 of 1974. The grievance expressed by the petitioner is that his uncle Mr.Punniyakodi was allotted a portion of the property vide
the partition deed took steps to sell the property and the petitioner sent a representation dated 10.04.2012 to the second respondent requesting him not to register any such deed and subsequently it was sold by means of a registered sale deed dated 26.09.2012, bearing document No.2906 of 2012. In this regard, the petitioner submitted a further representation dated 30.10.2014 and 11.12.2014 and the second respondent District Registrar vide his letter dated 13.03.2015, asked the petitioner to pay the necessary fees to the third respondent and get the order.
3. Dr.P.Vasudevan, learned counsel appearing for the petitioner would submit that in spite of the protest petitions dated 10.04.2012, 30.10.2014 and 11.12.2014 no credible action has been taken by the second respondent and hence the petitioner has come forward with this writ petition.
4. Mr.Rm.Muthukumar, learned Government Advocate accepts notice for the respondents 1 to 3.
5. This Court taking into consideration the limited scope of the prayer made, without going into the merits of the representations of the petitioner, directs the second respondent to consider and dispose of the representations of the petitioner dated 10.04.2012, 30.10.2014 and 11.12.2014 in accordance with law, after putting on notice the concerned persons and pass orders as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the persons concerned. The writ petition is disposed of accordingly. No costs.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar kk To
1. The Inspector General of Registration, Registration Department,Chennai - 600 028.
2. The District Registrar (Administration), Office of the District Registration, Kancheepuram District, Kancheepuram.
3. The Joint Sub Registrar No.1, Office of the Joint Sub Registration, Kancheepuram.
1 cc to Government Pleader, Sr. 21504 1 cc to Dr.P. vsudevan, Advocate, sr. 21324 W.P.No.11402 of 2015 RSU (CO) kk 30/4