S.Balaji v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.13955 of 2015 S.Balaji rep. by his father and Power Agent Mr.K.S.Raghavan .. Petitioner

Versus

1. The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai.

2. The Sub-Registrar, Pallavaram Sub-Registrar's Office, Pallavaram, Chennai.

3. K.Ganapathy .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 10.09.2014 and take further action in accordance with the law within the period to be specified by this Honourable court.

For Petitioner : Mr.T.Easwaradhas For Respondents : Mr.Rm.Muthukumar (for R1 and R2) Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner claims that he is the absolute owner of the lands in S.No.371/1A1, S-Kolathur Village, Sholinganallur Taluk, Kancheepuram District (Plot No.297, 4th Street) admeasuring to an extent of 4629 sq.ft and the said property was purchased by means of two registered deeds dated 02.07.2009 and 09.09.2011, registered as Document Nos.2411/2009 and 5304/2011, respectively.

3. The petitioner would further state that since he was working in USA, he appointed the deponent of the affidavit as his General Power of Attorney. For the purpose of putting up a construction, decided to alter certain structures and came to know https://hcservices.ecourts.gov.in/hcservices/

that a fabricated sale deed dated 28.03.1990 has been created in the name of one Mr.Vincent. Subsequently, another set of forged documents have been created and the 3rd respondent has also filed a suit in O.S.No.563 of 2014 for permanent injunction and pending disposal of the suit obtained an order of ad-interim injunction, projecting a false claim. The petitioner by means of a detailed representation dated 10.09.2014, submitted to the 1st respondent, brought to his knowledge the fraud played by the private parties and prayed for appropriate enquiry and further actions and though, it was received and acknowledged, he is not favoured with any response and hence, came forward to file this writ petition.

4. Heard the submissions of Mr.T.Easwaradhas, learned counsel appearing for the petitioner and Mr.Rm.Muthu Kumar, learned Government Advocate, who accepts notice for the respondents 1 and 2.

5. Taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the representation, this Court, directs the 1st respondent to consider the representation dated 10.09.2014 submitted by the petitioner, on merits and in accordance with law, after putting on notice the 3rd respondent and pass orders as expeditiously as possible and not later than twelve weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the 3rd respondent.

6. The writ petition is disposed of, accordingly. No costs.

Sd/- Deputy Registrar (Judicial) /true copy/ Sub Asst. Registrar ars To

1. The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai.

2. The Sub-Registrar, Pallavaram Sub-Registrar's Office, Pallavaram, Chennai.

1 cc to Mr.Easwaradhas, Advocate, Sr. 25706 1 cc to Government Pleader, Sr. 25926 W.P.No.13955 of 2015 VGI (CO) kk 16/6 https://hcservices.ecourts.gov.in/hcservices/