G.Sundararajan v. The Deputy Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR G.Sundararajan .. Petitioner

Versus

1. The Deputy Inspector General of Registration, Office of the Deputy Inspector General of Registration, Chenglepet Zone.

2. The District Registrar [Administration] cum Assistant Inspector General of Registration, Chennai South Registration District, Chennai.

3. The Joint Sub Registrar, Selaiyur Sub Registrar Office, Selaiyur, Chennai.

4. A.Kamalahasan

5. M.Serelahan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner's appeal dated 18.10.2023 against the Order passed by the second respondent in No.17078/E2/2022 dated 19.10.2022 as expeditiously as possible within a time frame fixed by this Court. 1/5

For Petitioner : Mr.R.T.Vishnu For Respondents : Mr.Yogesh Kannadasan Special Government Pleader - R1 to R3

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the first respondent to consider the appeal filed by the petitioner dated 18.10.2023 against the Order passed by the second respondent in No.17078/E2/2022 dated 19.10.2022 as expeditiously as possible within a time frame fixed by this Court.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.

4. The case of the petitioner is that the petitioner entered into a Joint Venture Agreement with the fourth respondent for constructing the apartments stipulating 18 months for completion of the building and executed a Power of Attorney deed in favour of the fourth respondent. But even after a lapse of 2/5

more than 7 years, the fourth respondent had not completed any apartments and also sold certain portions of the petitioner's shares in violation of the terms of the Join Venture Agreement. The fourth respondent had also sold the petitioner's property to the fifth respondent by executing a fraudulent sale deed on 14.09.2020, by forging the life certificate of the petitioner. Immediately, the petitioner made a representation to the second respondent to cancel the fraudulent sale deed and the second respondent vide Order 19.10.2022 had rejected the request of the petitioner. Challenging the same the petitioner preferred an appeal before the first respondent on 18.10.2023 and the same is pending till date without any progress. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, there shall be a direction to the third respondent to dispose of the appeal filed by the petitioner on 08.08.2023 on its own merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 17.04.2024 vrc 3/5

Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Deputy Inspector General of Registration, Office of the Deputy Inspector General of Registration, Chenglepet Zone.

2. The District Registrar [Administration] cum Assistant Inspector General of Registration, Chennai South Registration District, Chennai.

3. The Joint Sub Registrar, Selaiyur Sub Registrar Office, Selaiyur, Chennai. 4/5

N. SATHISH KUMAR , J.

vrc W.P.No.10443 of 2024 17.04.2024 5/5