J.Lakshmi v. The Inspector Generalof Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 12700 OF 2025

1. J.Lakshmi W/o. Mani Alias Jagadeesan, Valluvar Street, Ramanathan Kupam, Agaram West , Kullanchavadi, Kurunjipadi Talk, Cuddalore District Petitioner(s) Vs

1. The Inspector General of Registration No. 100, Santhome High Road, Mullima Nagar, Madavelipakam, Santhome, Chennai - 600 028 2.The Commissioenr Of Land Administration 2nd Floor, Ezhilagam, Chepauk, Chennai 600 005 3.The District Collector Cuddalore Distirct, Cuddalore 4.The District Registrar Registration Department, Cuddalore

5.The Sub Collector Cuddalore District, Cuddalore 6.The Sub Registrar Kullanchavadi, Cuddalore Distirct 7.C.Venugopal S/o. Chakrapani, No. 52 Kanniyakovil Street, Ramanathan Kuppam, Agaram Madura, Kuruncipadi Taluk, Cuddalore District 8.S Shanmugasundram S/o. Subramanian, No. 736a Sivan Koil Stret, Pinnathur, Chidambaram Taluk, Cuddalore District Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the 1st respondent to conduct the enquiry and dispose the petitiner's complaint dated 30.08.2024 and to pass orders.

For Petitioner(s): S.Thamizh Poonkuilmozhi For Respondent: Mr.P.Harish, Government Advocate for R1 to R6

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to conduct an enquiry based on the complaint given by the petitioner on 30.08.2024 wherein the petitioner is seeking for initiating action against the 6th respondent for having entertained a sale deed that was executed by the 7th respondent in favour of the 8th respondent inspite of the objections given by the petitioner. 2.

Heard S.Thamizh Poonkuilmozhi, learned counsel for the petitioner and Mr.P.Harish, learned Government Advocate for respondents 1 to 6.

3.

It is seen from records that the complaint given by the petitioner against the 6th respondent was already enquired by the 4th respondent and the 4th respondent found that there was absolutely no illegality in the 6th respondent entertaining the sale deed and registering the same. The main grievance expressed by the petitioner is that the patta was granted in the name of the 7th respondent and based on the same, the 7th respondent had dealt with the property and that the 7th respondent does not have any right or title over the subject property. In view of the same, the

petitioner has already given a representation to the 5th respondent on 26.06.2024 and based on the same, the 5th respondent had called for a report from the concerned Tahsildar and the Tahsildar, Kurinjipadi, submitted a report dated 17.12.2024.

4.

In view of the above, instead of wasting the time by prosecuting the complaint before the registration department, it will be more appropriate for the petitioner to focus on the representation that is pending before the 5th respondent wherein the petitioner has sought for the cancellation of patta granted in favour of the 7th respondent with respect to the subject property. If ultimately, the petitioner succeeds in the same, it will create a cause of action to seek for the cancellation of the sale deed executed by the 7th respondent in favour of the 8th respondent. 5.

In view of the above, there shall be a direction to the 5th respondent to deal with the representation made by the petitioner on 26.06.2024 on its own merits and in accordance with law after affording opportunity to the respondents 7 and 8 and final orders shall be passed within a period of eight weeks from the date of

receipt of a copy of this order.

6.

This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

07-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector General of Registration No. 100 Santhome High Road, Mullima Nagar, Madavelipakam, Santhome, Chennai 600 028 2.The Commissioenr Of Land Administration 2nd Floor, Ezhilagam, Chepauk, Chennai 3.The District Collector Cuddalore Distirct, Cudalore 1 4.The District Registrar Registration Department, Cuddalore 5.The Sub Cllector Cuddalore District, Cuddalore 6.The Sub Registrar Kullanchavadi, Cuddalore Distirct

N.ANAND VENKATESH J.

rka 07-04-2025