Madras High CourtWP/7130/2023disposed of

C.Vinayagam v. The District Registrar

2023-03-23Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH C.Vinayagam

...Petitioner

1. The District Registrar, Registration Department Integrated Complex, Aarokanam, Ranipet District.

2. K.Nagarajan 3.M.G.Kuppan 4.Ramarajan 5.Raja 6.M.Kannapareddy 7.Narasimman

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to pass final orders on the petitioner's representation dated 28.02.2022 within a stipulated period of time.

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For Petitioner : Mr.R.Sunil Kumar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader For R.1 Mr.M.S.Swathish Kumar for M/s Sarvabhauman Associates For R.2 and R.3 Mr.R.Bhagawat Krishna For R.7 No appearance - For R.4 to R.6

ORDER

Heard Mr.R.Sunil Kumar, learned counsel for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the first respondent and Mr.M.S.Swathish Kumar, learned counsel for the respondents 2 and 3 and Mr.R.Bhagawat Krishna, learned counsel for the 7th respondent.

2. The petitioner's representation dated 28.02.2022, seeking for cancellation of certain documents, has been filed before the first respondent and an enquiry was commenced under Section 68(2) of the 2/4

Registration Act. After the amendment of the Registration Act by inserting of Section 77-A with effect from 16.08.2022, the District Registrar would be the authority to conduct an enquiry, as contemplated under the newly amended provisions.

3. In this background, there shall be a direction to the District Registrar/first respondent herein to consider the petitioner's representation dated 28.02.2022, as per the procedure contemplated under Section 77A of the Registration Act, after giving due opportunity to the persons who had executed the sale deed, as well as the beneficiaries and the witnesses to the deed of conveyance and any other person who may be interested in the subject property, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the first respondent to consider the same on its own merits. 3/4

M.S.RAMESH,J.

4. With the above direction, the Writ Petition stands disposed of. No costs.

23.03.2023 Index:Yes/No Speaking order/Non-speaking order sr To The District Registrar, Registration Department Integrated Complex, Aarokanam, Ranipet District.

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