Mrs. B.Mallika v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.6657 of 2022 B.Mallika
...Petitioner
Vs.
1. The Sub Registrar, Virugambakkam Registration Office, Virugambakkam, Chennai.
2. The District Registrar (Administration) (Assistant Registrar General Level) District Registrar Office, South Chennai -Chennai- 600 035.
3. VGP Housing Pvt Ltd, Represented by its Manager, Square No.6, Dharmaraja Koil Street, Saidapet, Chennai - 600 015.
...Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first and second respondents to consider and dispose of the petitioner's representation dated 25.02.2022 in accordance with law. For petitioner : Mr.G.V.Sridharan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
The petitioner has filed this petition seeking direction to the first and second respondents to consider and dispose of the petitioner's representation dated 25.02.2022 in accordance with law.
2.Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the first and second respondents. In view of
the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal. 3.Since, no adverse order is being passed against the third respondent, notice to the third respondent is dispensed with. 4.The case of the petitioner is that the petitioner is the owner of the property bearing Plot No.13,VGP Amudha Nagar, comprised in Survey Nos.2, 3, 4/1, 4/2, 4/3, 5, 9, 10 measuring an extent of 2400 sq.ft at No.99, situated at Maduravoyal Village, Ambattur Taluk, presently, Maduravoyal Taluk, Thiruvallur District. Originally, the above said property purchased by petitioner's husband from one V.G.P.Housing (P) Ltd by way of registered Sale Deed dated 22.06.1979 vide Doc.No.2241 of 1979. Thereafter, petitioner's husband died on 31.12.
2020, leaving behind the petitioner and his children as legal heirs to succeed the property. Thereafter, when the petitioner extracted the encumbrance certificate dated 02.03.2021 in respect of the said property, she found that there were some wrong entries made in the revenue records. The third respondent without having any right over the said property in the year 1986, sold the property to the third parties. Aggrieved by the same, petitioner had filed a suit in O.S.No.176/2021, before the Additional District Munsif at Poonamalle. In order to remove the wrong entries in the revenue records, petitioner had made a representation on 25.02.2022 to the respondents. However, till date no action has been taken by the respondents. Hence, the present Writ Petition has been filed by the petitioners for the above relief. 5.
Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court may issue direction to the first and second respondents to consider the petitioner's representation dated 25.02.2022 and pass appropriate orders within the time frame that may be fixed by this Court.
6.The learned Special Government Pleader appearing for the respondents submits that the petitioner's representation dated 25.02.2022 will be considered by the respondent within the time frame that may be fixed by this Court.
7.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 25.02.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, if it is otherwise in order, after affording an opportunity to aggrieved persons.
8.Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar tri/nhs To
1. The Sub Registrar, Virugambakkam Registration Office, Virugambakkam, Chennai.
2. The District Registrar (Administration) (Assistant Registrar General Level) District Registrar Office, South Chennai -Chennai- 600 035.
+1cc to Mr.G.V.Sridharan, Advocate, S.R.No.19800 +1cc to the Government Pleader, S.R.No.20588 W.P.No.6657 of 2022 PL(CO) RGA(08/04/2022)