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Madras High CourtWP/21393/2018disposed of

Tmt.Gowri, v. The Government Of Tamil Nadu,

2018-08-21Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.21393 of 2018 Tmt.Gowri ... Petitioner Vs

1. The Government of Tamil Nadu, Rep by its Secretary, Fort St.George, Chennai 600 009.

2. The District Registrar, Virudhachalam, Cuddalore District.

3.The Sub-Registrar, Thittagudi Sub Registration Office, Cuddalore District.

4.Mahalingam.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to consider the representation of the petitioner dated 30.07.2018 and to conduct enquiry and to take necessary action and to cancel the fraudulent and bogus sale deed Document No.761 of 1994 dated 28.06.1994, based on the Circular No.67 of the Registration Department in accordance with law to secure the ends of justice.

For Petitioner : Mr.M.Velmurugan For Respondents : Mr.T.M.Pappiah, Special Government Pleader for R1 to R3

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this writ petition seeking a direction to the second respondent to consider the representation of the petitioner dated 30.07.2018 to conduct

enquiry for cancellation of the fraudulent and bogus sale deed Document No.761 of 1994 dated 28.06.1994, based on the Circular No.67 of the Registration Department in accordance with law to secure the ends of justice.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation claiming the same relief as prayed in this writ petition, but, the said representation is yet to be disposed of by the second respondent. However, the learned counsel submitted that it would suffice, if the representation dated 30.07.2018 made by the petitioner is directed to be considered by the second respondent, on merits.

4. Mr.T.M.Pappiah, learned Special Government Pleader taking notice for the respondent Nos.1 to 3, submitted that the second respondent be directed to consider the petitioner's representation dated 30.07.2018 and pass orders in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, this Court directs the second respondent to keep in mind that Circular No.67, has been quashed by this Court and consider the petitioner's representation dated 30.07.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gsk To

1. The Secretary, Fort St.George, Chennai 600 009.

2. The District Registrar, Virudhachalam, Cuddalore District.

3. The Sub-Registrar, Thittagudi Sub Registration Office, Cuddalore District.

+1cc to Mr.M.Velmurugan, Advocate, S.R.No.57807 +1cc to the Government Pleader, S.R.No.57913 W.P.No.21393 of 2018 rrs 10/09/2018