Shahida Kaiser v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.9732 OF 2022 Shahidha Kaiser, Rep. By her Power Agent, Akram Pasha.

... Petitioner .Vs.

1. The District Registrar, Registration Department, Krishnagiri District.

2. Shahida Kaiser

3. R.Ramachandran

4. M.I.Ismail Bhagi

5. N.Ramakrishnappa

6. V.Gopalakrishna

7. K.R.Srinivasa Reddy

8. D.Prakash Paali

9. C.Kalidhas

10. I.Hilda ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ, Order or Direction particularly in the nature of a Writ of Mandamus directing the 1st Respondent herein to consider the Representation of the petitioner herein dated 23.02.2022 sent for cancelling the fraudulent registration taken place in respect of the vacant lands bearing Plot Nos.104, 105 and 106 measuring an extent of 2400 sq.ft each plot situate at S.F.Nos.135/2A1 and 125/1B3,

Onnalwadi Village, Hosur Taluk, Krishnagiri District in accordance with law and within a stipulated period. For Petitioner :

Mr.K.Govi Ganesan For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader For R1

O R D E R

The present petition has been filed seeking a direction to the 1st Respondent herein to consider the representation dated 23.02.2022 made by the petitioner seeking to cancel the registration of the fraudulent documents by the private respondents herein.

2. The case of the petitioner is that the petitioner had made a representation dated 23.02.2022 to the 1st respondent herein, seeking to cancel the registration of fraudulent sale deeds with respect to the subject properties, which were registered by the private respondents in the absence of the petitioner. However, till date, the same has not been considered. Hence, the petitioner has come up with the present petition with the aforesaid relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent herein to consider the representation made by the petitioner and dispose of the same on merits within the time that may be stipulated by this Court.

4. Learned Special Government Pleader appearing for the 1st respondent, submits that the petitioner's representation dated 23.02.2022 will be disposed of on merits, within a period of twelve weeks.

5. In view of the aforesaid submission, this Court without going into the merits of the case, directs the 1st respondent herein to consider the representation dated 23.02.2022 made by the petitioner seeking cancellation of registration of the alleged fraudulent documents with respect to the subject properties and dispose of the same on merits after affording an opportunity of personal hearing to the petitioner as well as private respondents, within a period of twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar NHS To The District Registrar, Registration Department, Krishnagiri District.

+1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.27997 +1cc to the Government Pleader, S.R.No.27435 W.P.No.9732 OF 2022 SSD(CO) PBS/31/05/2022