Subbachari v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH Subbachari
...Petitioner
Vs 1.The Inspector General of Registration, Santhome, Chennai - 600 028.
2.The District Registrar, Krishnagiri District, Krishnagiri.
3.The Sub-Registrar, Hosur, Krishnagiri District.
4.Mrs.Smith Giltan Shah
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 & 3 herein to consider the petitioner's representation dated 18.02.2023 and consequently cancel the Documents No.500/2000, 2170/2000, 2386/2000, 2387/2000, 2388/2000, 3968/2000, 2832/2021 & 2833/2001 1/6
on the file of the 3rd respondent herein.
For Petitioner : Mr.R. Ramesh For R1 to R3 : Mr.Yogesh Kannadasan, Special Government Pleader
ORDER
Heard Mr.R. Ramesh, learned counsel for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents 1 to 3.
2. Since this Court is directing the second and third respondents to consider the petitioner's representation, after giving due opportunity to the fourth respondent, notice to the fourth respondent is hereby dispensed with.
3. The petitioner had given a representation dated 18.02.2023 to the second respondent seeking for cancellation of the document Nos.500/2000, 2170/2000, 2386/2000, 2387/2000, 2388/2000, 3968/2000, 2832/2021 & 2833/2001. Since the said representation was 2/6
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 them 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.
5. In the light of the above observations, there shall be a direction to the second and third respondents herein, to consider the petitioner's representation dated 18.02.2023, in accordance with the procedure contemplated under Section 77A of the Registration Act, after giving due opportunity to the fourth respondent herein and 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 twelve weeks from the date of 3/6
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.
6. With the above direction, the Writ Petition stands disposed of. No costs.
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To 1.The Inspector General of Registration, Santhome, Chennai - 600 028.
2.The District Registrar, Krishnagiri District, Krishnagiri.
3.The Sub-Registrar, Hosur, Krishnagiri District.
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M.S.RAMESH,J.
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