Alexander v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Alexander

...Petitioner

Vs 1.The District Registrar, District Registration Office, Dharmapuri District.

2.The Sub Registrar, Sub Registrar Office, Palacode [TK], Dharmapuri District.

3.Muniappan 4.Chinnasamy 5.Saminathan 6.Ramar 7.S.Sivakumar 8.S.Mallikarjun Hiremath

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner repentance dated 10.01.2023 for cancellation of sale deeds in Doc.1837/1996, 312/2010 and 3660/2010 executed at SRO, Palacode for my land in survey No.386 & 387 situated at Erranahalli Village, Dharmapuri District within a stipulated time and on merits. 1/4

For Petitioner : Mr.Krishnasamy For R1 & R2 : Mr.Yogesh Kannadasan, Special Government Pleader

ORDER

Heard Mr.Krishnasamy, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents 1 and 2.

2.Since this Court is directing the first respondent to consider the petitioner's representation, after giving due notice and opportunity to the respondents 3 to 8, notice to the respondents 3 to 8 is hereby dispensed with.

3. The petitioner had given a representation dated 10.01.2023 to the first respondent seeking for cancellation of the registered sale deed. Since the said representation was not considered, the present Writ Petition has been filed.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the 2/4

respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 10.01.2023, in accordance with the procedure contemplated under Section 77A of the Registration Act, after giving due opportunity to the respondents 3 to 8 and the persons who had executed the sale deed, as well as the beneficiaries and the witnesses to the deed of conveyance and any other persons who may be interested in the subject property, within a period of eight 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 made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 3/4

M.S.RAMESH,J.

hvk

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

20.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The District Registrar, District Registration Office, Dharmapuri District.

2.The Sub Registrar, Sub Registrar Office, Palacode [TK], Dharmapuri District.

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