← Library
Madras High CourtWP/13222/2015disposed of

K.Noor Basha v. The Government Of Tamil Nadu

2016-09-14Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.13222 of 2015 K.Noor Basha .. Petitioner Vs.

1.The Government of Tamil Nadu, represented by its Secretary, Revenue Department, Fort St. George, Chennai-600 009.

2.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai-600 028.

3.The District Registrar, North Madras, George Town, Chennai.

4.The Sub-Registrar, Arani Sub Registrar Office, Tiruvallur District.

5.S.Pappammal 6.S.Muninathan .. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the respondents 1 to 4 herein to take appropriate action in accordance with Circular No.67, dated 03.11.2011, issued by the second respondent on the fraudulent settlement deed executed by the fifth respondent to and in favour of the 6th respondent, dated 5.5.2014, bearing document No.3057/2014, on the file of the SRO, Arani, based on the representation of the petitioner, dated 10.1.2015. For Petitioner : Mr.K.Raja For Respondents : Mr.P.Sanjai Gandhi, AGP for RR1 to 4 Mr.T.Vijayashankar for RR5 and 6 - - - - -

ORDER

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsels, appearing on behalf of the respondents.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action, in accordance with the Circular No.67, dated 03.11.2011, issued by the second respondent, on the fraudulent settlement deed executed by the fifth respondent, in favour of the 6th respondent, dated 5.5.2014, bearing document No.3057/2014, on the file of the office of the Sub Registrar, Arani, based on the representation of the petitioner, dated 10.1.2015. Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the third respondent is directed to dispose of the representation of the petitioner, dated 10.01.

2015, on merits and in accordance with law, within a specified period. In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel, appearing on behalf of the petitioner, this Court finds it appropriate to direct the third respondent to dispose of the representation of the petitioner, dated 10.1.2015, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as to the respondents 5 and 6 and the other persons concerned, if any. The petitioner shall furnish a copy of the representation, dated 10.1.2015, to the third respondent, along with a copy of this order.

However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.

The writ petition is disposed of, with the above directions. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vvk

To 1.The Secretary, The Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.

2.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai-600 028.

3.The District Registrar, North Madras, George Town, Chennai.

4.The Sub-Registrar, Arani Sub Registrar Office, Tiruvallur District.

+1 cc to Mr.K.Raja Advocate sr 52160 W.P.No.13222 of 2015 aa23/09/2016