Shanmugasundaram v. The Deputy Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Shanmugasundaram

...Petitioner

Vs 1.The Deputy Inspector General of Registration, Coimbatore Region, Air Force College Road, Coimbatore.

2.The District Registrar, Tiruppur, 1/529, Nerupperichal Village, Pooluvapatti Post, Tirupur - 641 602.

...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 petitioner representation dated 07.02.2023 to set aside the order dated 22.12.2022 in Na.Ka.No.3537/A5/2022 passed by the 2nd respondent and consequently cancel the documents bearing Nos.2476/2022 & 2477/2022 u/s.77A Registration Act and initiate prosecution u/s.83 of Registration Act.

For Petitioner : Mr.A.Ashwinkumar For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

ORDER

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With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2.The petitioner had given a representation dated 07.02.2023 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.

3.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.

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4.In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 07.02.2023, in accordance with the procedure contemplated under Section 77A of the Registration Act, after giving due opportunity to 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.

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

20.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Deputy Inspector General of Registration, Coimbatore Region, Air Force College Road, Coimbatore.

2.The District Registrar, Tiruppur, 1/529, Nerupperichal Village, Pooluvapatti Post, Tirupur - 641 602 20.03.2023 4/4