Sellamuthu v. Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Sellamuthu

...Petitioner

Vs 1.Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.District Registrar, Tiruppur, No.1/529, Nerupperichal Village, Pooluvapatti Post, Tiruppur - 641 602.

3.Sub-Registrar of Udumalaipet, 21, Katcheri Street, Taluk Office Campus, Udumalaipettai, Tiruppur - 642 126.

4.Revenue Divisional Officer, Udumalaipettai RDO Office, Udumalaipettai, Tiruppur - 642 126.

5.Superintendent of Police, The office of the Superintendent of Police, Angeripalayam Main Road, Tiruppur - 641 603.

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6.Urmila Sridhar

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dated 01.11.2022, in accordance with Section 77-A, as well as Part XIV of the Registration Act, 1908, and pass appropriate orders.

For Petitioner : Mr.G.Rajagopalan, Sr. Counsel for M/s.G.R.Associates For R1 to R5 : Mr.Yogesh Kannadasan, Special Government Pleader

ORDER

Heard Mr.G.Rajagopalan, learned Seniro Counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents 1 to 5.

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

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3. The petitioner had given a representation dated 01.11.2022 to the respondents 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 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 01.11.2022, in accordance with the procedure contemplated under Section 77A of the Registration Act, after giving due opportunity to the 3/6

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.

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

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To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.The District Registrar, Tiruppur, No.1/529, Nerupperichal Village, Pooluvapatti Post, Tiruppur - 641 602.

3.The Sub-Registrar of Udumalaipet, 21, Katcheri Street, Taluk Office Campus, Udumalaipettai, Tiruppur - 642 126.

4.The Revenue Divisional Officer, Udumalaipettai RDO Office, Udumalaipettai, Tiruppur - 642 126.

5.The Superintendent of Police, The office of the Superintendent of Police, Angeripalayam Main Road, Tiruppur - 641 603.

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M.S.RAMESH,J.

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