C.Kattithangam v. Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.31553 of 2015 and M.P.No.1 of 2015 C.Kattithangam

...Petitioner

Vs.

1. Inspector General, Registration Department, Santhome High Road, Chenai - 600 028.

2. The Sub-Registrar, Office of the Sub Registrar, Pallavaram, Chennai - 600 044.

3. C.Kannan

4. N.Leela Bai

5. N.Anand Vijay

6. N.Ashok Kumar

7. M.Amudha Uma

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 31.07.2015 enquiry into the details mentioned therein. For Petitioner : Mrs.Shobana Ramasubramanyan For Respondents: Mr.P.P.Purushothaman, Government Advocate for R1 and R2 Mr.S.Balasubramanian for R4, R5 & R7 No appearance for R6.

O R D E R

The petitioner seeks for a Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 31.07.2015 and enquiry into the details mentioned therein.

2. The petitioner approached the 2nd respondent and made a representation on 31.07.2015, wherein and whereby, she sought for certain enquiry with regard to the entries made in the Encumbrance Certificate.

3. According to the petitioner, except the Settlement Deed executed by her in favour of her son, she has not executed any Sale Deed. Therefore, she wants the Sub-Registrar to examine the Encumbrance Register which contains some other entries in respect of the subject matter property. Hence, the petitioner wants an enquiry to be conducted in that regard.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner as it is for the 2nd respondent to consider and decide after hearing the petitioner as well as the private respondents. Thus, the Writ Petition is disposed of only by directing the 2nd respondent to conduct an enquiry with regard to the entries made in respect of subject matter property, after hearing the petitioner as well as the private respondents and pass orders within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. Inspector General, Registration Department, Santhome High Road, Chenai - 600 028.

2. The Sub-Registrar, Office of the Sub Registrar, Pallavaram, Chennai - 600 044.

+1cc to the Government Pleader Sr.42024 +3cc to Mr.S.Balasubramanian, Advocate Sr.40879 +1cc to Mrs.Shobana Ramasubramanyan, Advocate Sr.40532 W.P.No.31553 of 2015 rji[co] srg 30/04/2019