A.Chinnasamy v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.4.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.A.Chinasamy 2.A.Sivan

...Petitioners

Vs 1.The District Registrar, Krishnagiri District, Krishnagiri.

2.The Sub-Registrar, Kaveripattinam Sub-Registration Office, Krishnagiri.

3.Gowri

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to conduct an enquiry based on the petitioners' representation dated 13.02.2023 under the provisions of the Registration (Tamil Nadu Second Amendment) Act, 2021 and conclude the same within a time stipulated by this Court.

For Petitioners : Mr.A.Ilayaperumal For Respondents 1 & 2 : Mr.Yogesh Kannadasan, Special Government Pleader 1/4

ORDER

Heard learned counsel for the petitioners and the learned Special Government Pleader accepting notice for the official respondents. Since this Court is directing the first respondent to consider the petitioners' representation after giving due notice and opportunity to the third respondent, notice to her is hereby dispensed with.

2. The petitioners had given a representation dated 13.02.2023 to the first respondent seeking for cancellation of a registered sale deed. Since the said representation has not yet been considered, the Writ Petition has been filed.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the official respondent to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under 2/4

Article 226 of Constitution of India and direct him to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioners' representation dated 13.02.2023, in accordance with the procedure contemplated under Section 77A of the Registration Act, after giving due opportunity to the persons who had executed the sale deed, as well as the beneficiaries and the witnesses to the deed of conveyance and any other persons who may be interested in the subject property, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioners and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands ordered. No costs.

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M.S.RAMESH,J.

RS/SNI Index:Yes/No Speaking order/Non-speaking order To 1.The District Registrar, Krishnagiri District, Krishnagiri.

2.The Sub-Registrar, Kaveripattinam Sub-Registration Office, Krishnagiri.

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