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Madras High CourtWP/8221/2022disposed of

C.Seethapathi v. The Inspector Of Registration

2022-04-05Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.04.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.8221 of 2022 and W.M.P.No.8219 of 2022 Mr. C. Seethapathi ... Petitioner Vs

1. The Inspector of Registration, Santhome High Road, Chennai.

2. The District Registrar, Thirupathiripuliyur,

3. The Sub-Registrar, Sub-Registrar Office, Kadampuliyur, Panrutti Taluk,

4. The District Collector, Cuddalore District, Cuddalore.

5. The District Revenue Officer/Sub-Collector, Cuddalore,

6. The Revenue Divisional Officer, Cuddalore,

7. The Tahsildar, Panrutti,

8. Rajakumari

9. K.Boopathy

10. Thanthiramalai

11. C.Manikandan

12. C. Neelakandan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 23.02.2022 and cancel the registration of forged sale deed bearing D.No.1933/2015 executed by Respondent No.8 infavour of Respondent No.9, forged settlement deed bearing D.No.7/2019 executed by Respondent No.9 infavour of Respondent No.10. Forged settlement deed bearing document No.981/2021 executed by Respondent No.8 infavour of Respondents No.11 & 12 pertaining to S.No.96/5 & 96/2 of Chinnapurangani Village, Panrutti Taluk, Cuddalore District and further direct the respondents 4 to 7 to cancel the patta issued in favour of the respondents 9 to 12 in respect of the lands in S.No.96/5 & 96/2 of Chinnapurangani Village, Panrutti Taluk, Cuddalore District. For Petitioner ... Mr.V. Jayaprakash Narayanan For Respondents ... Mr. Yogesh Kannadasan, Special Government Pleader

O R D E R

The present petition has been filed seeking a direction to the official respondents to cancel the registration of the forged documents which were executed by private respondent and to cancel the patta issued in favour of the private respondents in respect of the subject lands.

2. Mr. Yogesh Kannadasan, learned Special Government Pleader takes notice for respondents 1 to 7.

3. Since, no adverse order is being passed against the private respondents, notice to respondents 8 to 12 is dispensed with.

4. It is the case of the petitioner that the petitioner has made a representation to Respondents 1 to 3 to cancel the registration of the forged documents which were executed in favour of the private respondents in respect of the lands situated in S.Nos.96/5 & S.No.96/2 of Chinnapurangani Village to an extent of 7 acres and 40 cents respectively. However, till date, the said representation has not been considered. Hence, the present Writ Petition has been filed seeking the aforesaid relief.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice, if this Court issues a direction to the 2nd respondent to consider the representation made by the petitioner and dispose of the same in accordance with law, within the time stipulated by this Court.

6. On the above contention, heard the learned Additional Government Pleader appearing for the official respondents.

7. A perusal of the materials filed by the petitioner reveals that property in question has a chequered history, which has been the issue in an Appeal Suit as well as Writ, details of which have been given in the affidavit of the petitioner. However, this Court, without going into the merits of the case, directs the 2nd respondent to consider the representation dated 23.02.2022 made by the petitioner in terms of Section 68(2) of the Act and dispose of the same in accordance with law, after affording an opportunity of personal hearing 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.

8. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar NHS To

1. The Inspector of Registration, Santhome High Road, Chennai.

2. The District Registrar, Thirupathiripuliyur,

3. The Sub-Registrar, Sub-Registrar Office, Kadampuliyur, Panrutti Taluk,

4. The District Collector, Cuddalore District, Cuddalore.

5. The District Revenue Officer/Sub-Collector, Cuddalore,

6. The Revenue Divisional Officer, Cuddalore,

7. The Tahsildar, Panrutti, +1 cc to Mr.V.Jayaprakash, Advocate Sr.NO. 23049 +1 cc to Government Pleader Sr.NO. 23869 W.P.No.8221 of 2022 CA(CO) A.SK(23/05/2022)