C.Anjana Reddy v. The Deputy Inspector Of General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH C.Anjana Reddy

...Petitioner

Vs 1.The Deputy Inspector General of Registration, Salem Division [Registration Department], Salem - 636 014.

2.The District Registrar, Krishnagiri District.

3.Shanthama 4.Krishna Reddy 5.Muni Reddy 6.Sankar Reddy 7.Geetha 8.Prabhakar Reddy 9.G.Anuma Reddy

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to cancel the 47 fraudulent documents executed by the respondents 3 to 9 in respect of the family properties of the petitioner situated at No.27, Kampasandiram Village, Hosur Taluk, Krishnagiri District, comprised in 1/5

Punja Paimash No.71, New S.No.11-Hectare 0.2.11, Punja Paimash No.72, New S.No.11-Hectare 0.0.10, Punja Paimash No.73, New S.No.11-Hectare 0.0.12, Punja Paimash No.66, New S.No.19-Hectare 1.25.7, Punja Paimash No.57, New S.No.4 Hectare 7.11.8, Punja Paimash No.59, New S.No.2 & 3-Hectare 7.5.10, Punja Paimash No.47, New S.No.11-Hectare 5.10.0, Punja Paimash No.45, New S.No.12Hectare 3.24.5, Punja Paimash No.48, New S.No.10-Hectare 7.13.10, Punja Paimash No.43, New S.No.16/4-Acre 1.37, Punja Paimash No.67, New S.No.24-Acres 2.30 cents, Punja Paimash No.42, New S.No.17Acres 2.88 Cents, in all totalling to an extent of 26.31.5 Hectare [65 Acres] by considering the petitioner appeal dated 21.12.2020 after conducting an enquiry as per Section 22B and 77A of the Indian Registration Act, 1908.

For Petitioner : Mr.T.Sellapandian For R1 & R2 : Mr.V.Veluchamy Additional Government Pleader

ORDER

Heard Mr.T.Sellapandian, learned counsel appearing for the petitioner and Mr.V.Veluchamy, learned Additional Government Pleader for the respondents 1 and 2.

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2. Since this Court is directing the first respondent to consider the petitioner's Appeal Petition, after giving due notice and opportunity to the respondents 3 to 9, notice to the respondents 3 to 9 is hereby dispensed with.

3. The limited prayer sought for in this Writ Petition is for a direction to the first respondent herein to dispose of the appeal preferred by the petitioner dated 21.12.2020 within a stipulated time.

4. It is needless to point out that whenever a statutory appeal is preferred before the Appellate Authority, there is a duty cast on them to dispose of the appeal expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would be justified in directing the authority to dispose of the appeal within a stipulated time, in exercise of its powers under Article 226 of Constitution of India.

5. In the light of the above observations, there shall be a direction to the first respondent herein to dispose of the petitioner's appeal petition 3/5

dated 21.12.2020, if not already disposed of, after giving due opportunity to the petitioner and the respondents 3 to 9, as well as all other persons who may be interested in the subject property, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

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

20.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Deputy Inspector General of Registration, Salem Division [Registration Department], Salem - 636 014.

2.The District Registrar, Krishnagiri District.

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M.S.RAMESH,J.

hvk 20.03.2023 5/5