G.Chitra, W/O.Govindaraj v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.05.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.13548 of 2017 G.Chitra ... Petitioner Vs.
1. The Inspector General of Registration, O/o Inspector General of Registration, Santhome High Road, Chennai 600 028.
2. The Deputy Inspector General of Registration, O/o The Deputy Inspector General of Registration, Registration Offices Complex, Veppamaratheru, Velaphadi, Vellore - 632 001.
3. The District Registrar (Administration), O/o, The District Registrar, Cheyyar - 604 407.
Tiruvannamalai District, 4.The Sub Registrar, O/o The Sub Registrar, Arni - 632 301, Thiruvannamalai District.
... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 11.05.2017 to submit a report to the 2nd respondent to initiate departmental action against Concern Sub-Registrar/4th respondent. For Petitioner : M/s.Tamizh Law Firm For Respondents: M/s.R.Rajeswaran Special Government Pleader
O R D E R
Heard the learned counsel for the petitioner and the learned Special Government Pleader, who took notice for the respondents and with their consent, the main writ petition itself is taken up for disposal.
2.The petitioner has filed this writ petition seeking a direction to the third respondent to consider her representation dated 11.05.2017 to submit a report to the second respondent to initiate departmental action against concerned Sub-Registrar/4th respondent.
3. The petitioner, the mother of minor son and daughter, who were the beneficiaries of the registered Will No.10/bk3/84, dated 09.02.1984, has come forward with this petition seeking a direction to the third respondent to consider her representation dated 11.05.2017 to submit a report to the second respondent to initiate departmental action against the concerned Sub Registrar/fourth respondent.
4. It is the case of the petitioner that the executant of the above stated Will late Thandavaraya Udayar has clearly stated that the properties described in the Will have to be in enjoyment and possession of his grant children Pandurangan and Govindaraj and after their life time, the legal heirs of the said Pandurangan and Govindaraj have to get equal half share of the property and as per the said Will, the petitioner's son and daughter will get equal share of the great grant father's property after the life time of their father Govindaraj. When that being so, based on the partition deed in Document No.379 of 2014, the third respondent registered a sale deed in Document No.690/14 for a sale consideration of Rs.7,40,000/- on exchange of another property.
5. It is the further case of the petitioner that knowing well that the market value of the property is Rs.5 Crores the act of the fourth respondent in registering the property with under valuation is illegal. Hence, the petitioner had submitted a representation dated 11.05.2017 seeking to submit a report to the second respondent. Since the same has not been considered the petitioner is before this Court.
6. In view of the limited prayer sought for by the petitioner, this Court, without going into the merits of matter, hereby directs the third respondent to consider and pass orders on the representation of the petitioner dated 11.05.2017, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
The writ petition is disposed of with the above direction. No costs.
-s/dAssistant Registrar(CSIV) True Copy Sub-Assistant Registrar smi To
1. The Inspector General of Registration, O/o Inspector General of Registration, Santhome High Road, Chennai 600 028.
2. The Deputy Inspector General of Registration, O/o The Deputy Inspector General of Registration, Registration Offices Complex, Veppamaratheru, Velaphadi, Vellore - 632 001.
3. The District Registrar (Administration), O/o, The District Registrar, Cheyyar - 604 407.
Tiruvannamalai District, 4.The Sub Registrar, O/o The Sub Registrar, Arni - 632 301, Thiruvannamalai District.
+1 cc to M/s.Tamizh law firm Advocate sr 38112 W.P.No.13548 of 2017 aa09/06/2017