Pappaiya v. Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.14302 of 2016 Pappaiya ... Petitioner Vs.
1.
Inspector General of Registration 100, Santhome High Road Chennai - 28 The Additional Inspector General of Registration Salem The District Registrar Krishnagiri The Sub Registrar Royakottai Sub Registrar Office Krishnagiri District 5.
R. Anandhan 6.
R.Obbaiya ... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the 3rd respondent to consider the petitioner's representation dated 22.02.2016 and dispose of the same in accordance with Circular No.67 dated 03.11.2011 in C.No.52338/ C1/2011 for cancellation of fraudulent transfer made in respect of land measuring to an extent of 13 cents in Survey No. 224/2A 17 Cents in Survey No. 224/2B and 5 Cents in Survey No.224/ 2D totaling 35 cents situated at Udhanapalli Village Hosur Taluk Krishnagiri District within the time to be stipulated by this Honourable Court.
For Petitioner : Mr. R. Bharath Kumar For Respondents : Mrs. P. Rajalakshmi, Govt.Advocate ***
ORDER
By consent, the main writ petition itself is taken up for final disposal.
The petitioner has come forward with the present writ petition seeking for a writ of mandamus directing the 3rd respondent to consider the petitioner's representation dated 22.02.2016 and dispose of the same in accordance with Circular No.67 dated 03.11.2011 in C.No.52338/ C1/2011 for cancellation of fraudulent transfer made in respect of land measuring to an extent of 13 cents in Survey No. 224/2A 17 Cents in Survey No. 224/2B and 5 Cents in Survey No.224/ 2D totaling 35 cents situated at Udhanapalli Village Hosur Taluk Krishnagiri District within the time to be stipulated by this Honourable Court. The petitioner would submit that his father died intestate and he and his sisters and brothers were in continuous enjoyment of the land to an extent of 13 cents in Survey No.224/2A, 17 cents in Survey No.224/2B and 5 cents in Survey No.
224/2D totaling 35 cents situated at Udhanapalli Village. To the petitioner's shock and suprise, when he approached the Tahsildar for obtaining computerized patta, the production of which was insisted for obtaining agricultural loan to develop the said land, Ramaiya, one of his brother, who is not alive now and his son had fraudulently conveyed the aforesaid land to the fifth respondent by a registered Sale deed dated 21-01-2010 registered as Document No.120/2010 at SRO, Royakottai. The said Ramaiya and his son do not have exclusive title to convey the aforesaid land, which was in joint possession and the patta (manual patta) was in joint names of the legal heirs of the father of the petitioner.
In such circumstances, the petitioner has given a representation dated 22-02-2016 to the respondents 1 to 4 requesting them to consider the same for cancellation of fradulent transaction in accordance with Circular 67 issued by the first respondent and also in accordance with the provision of Section 82 of the Registration Act. The said representation of the petitioner was forwarded vide O.Mu.No.712/A1/216 dated 25-02-2016, the communication of the second respondent to third respondent for taking appropriate action. The third respondent has not considered the same and hence the present writ petition. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
5.
Having regard to the facts and circumstances of the case and in view of the limited relief sought for, without
expressing any opinion on the merits of the case, the third respondent is directed to consider and dispose of the said representation, dated 22-02-2016 after affording an opportunity of hearing to the petitioner as well as the fifth respondent, on merits and in accordance with law 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 opinion with regard to the merit of claim of the petitioner.
6. The writ petition is disposed of accordingly. No costs. glp Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.
The Inspector General of Registration 100, Santhome High Road, Chennai - 28.
The Additional Inspector General of Registration Salem.
The District Registrar, Krishnagiri.
The Sub Registrar, Royakottai Sub Registrar Office, Krishnagiri District.
+ 1 cc to Mr.R.Bharath Kumar, Advocate Sr 27199 + 1 cc to The Govt.Pleader, 27424 KR/2/6/16 Writ Petition No.14302 of 2016