Madras High CourtWP/8755/2023disposed of

E.Kanchana v. The District Registrar

2023-03-21Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Mrs.E. Kanchana ... Petitioner Vs.

1.The District Registrar, Registration Officer, Cheyyar Sub Registrar Office, Tiruvannamalai District.

2.Lakshmikanthan 3.Sankar 4.Rameshbabu 5.Ranganathan 6.V. Ramesh ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent herein, to pass final orders on the petitioner's representation dated 03.10.2022, within a stipulated period of time. For Petitioner : Mr.R. Sunil Kumar For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader 1/4

ORDER

Heard Mr.R. Sunil Kumar, learned counsel for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the first respondent.

2. Since this Court is directing the first respondent to dispose of the petitioner's representation, after giving due notice and opportunity to the respondents 2 to 6, notice to the respondents 2 to 6, is hereby dispensed with.

3. The petitioner herein had given representation on 03.10.2022 to the first respondent herein, seeking to cancel and declare the registration as invalid 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 respondent to consider the same on its own merits and pass appropriate 2/4

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 the 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 dispose of the petitioner's representation dated 03.10.2022, in accordance with the procedure contemplated under Section 77A of the Registration Act, after giving due opportunity to the persons who had done the registration, 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 twelve (12) 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 first respondent to consider the same on its own merits. 3/4

M.S.RAMESH, J.

Sni

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

21.03.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No Sni To The District Registrar, Registration Officer, Cheyyar Sub Registrar Office, Tiruvannamalai District.

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