J.Jayaseelan v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11759 of 2022 J.Jayaseelan ... Petitioner Vs.

The District Registrar Chennai South, Anna Salai, Nandanam, Chennai.

... Respondent PRAYER: This Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the respondent to Conclude the proceedings initiated vide No. 14114 / E2 / 2019 based on the representation dated 01.11.2019 and within time stipulated by this Court. For Petitioner : Mr.Adinarayana Rao For Respondents : Mr.Yogesh Kannadasan Special Government Pleader Order This petition has been filed for issuance of writ of Mandamus to direct the respondent to Conclude the proceedings initiated vide No. 14114 / E2 / 2019 based on the representation dated 01.11.2019.

2. The case of the petitioner is that the lands in Old S.F.NO.152 measuring around 1.83 acres situated at Selaiyur Village, Tambaram Taluk, was originally belonged to Late Kanni @ Kanagaraj, who is his paternal grand father and he had two sons namely Late Aruldas and Late K.M.John. The petitioner herein is the one of the son of late K.M.John and subsequently a portion of property of Late Kanni was sold and around 88 cents of land is presently remaining and out of which 44 cents of land was given to the share of late K.Aruldas family and another 44 cents of land was given to the share of late K.M.John family and all the sons' of late K.M.John enjoyed their share of 44 cents jointly. While so, one Mr.Ponnusamy and Mr.Arumugam, by using a fabricated patta created a fake settlement deed and on learning about the said illegal act, the petitioner gave a complaint to the Police, which was registered as Cr.No.22 of 2019 under https://hcservices.ecourts.gov.in/hcservices/

Section 465, 468, 471, 420 r/w 120B IPC and the petitioner's father also gave his representation to the Inspector General of Registration and the respondent vide representation dated 01.11.2019, seeking to cancel the illegal document created by the said Ponnusamy and his family members and the respondent had initiated proceedings vide No.14114/E2/2019, however till date, the respondent has not passed the final orders. Hence, the petitioner is before this Court.

3. The learned counsel appearing for the petitioner submitted that it would suffice if this Court issues direction to the respondents to conclude the enquiry and may pass appropriate orders within a stipulated time frame as fixed by this Court.

4.The learned Special Government Pleader appearing for the official respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondent to conclude the proceedings based on the representation dated 01.11.2019 and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order, after providing opportunity to the necessary parties. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar sk To To The District Registrar Chennai South, Anna Salai, Nandanam, Chennai.

+1cc to Mr.Adinarayana Rao, Advocate SR.No.32351 +1cc to Government Pleader SR.No.33713 W.P.No.11759 of 2022 RGN(CO) GMY(20/06/2022) https://hcservices.ecourts.gov.in/hcservices/