G.Basappa v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.11570 OF 2022 G.Basappa .. Petitioner Vs.

1.

The District Registrar, Registration Department, Krishnagiri District.

2.

The Sub Registrar, Shoolagiri, Shoolagiri Taluk, Krishnagiri District.

3.

Kandarayan ..Respondents PRAYER :

Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the 1st respondent to initiate action to cancel the impugned sale deed registered as Document No. 553/ 2016 on the file of the SRO Shoolagiri dated 04.02.2016 on the basis of the representation of the petitioner dated 21.07.2020 within the time frame to be fixed by this Honble court.

For Petitioner : Mr.G.M.Anandakumar For Respondents : Mr.Yogesh Kannadasan, SGP

O R D E R

The petitioner has filed this petition seeking direction to the 1st respondent to initiate action to cancel the impugned sale deed registered as Document No. 553/ 2016 on the file of the SRO Shoolagiri dated 4.02.2016 on the basis of the representation of the petitioner dated 21.07.2020 within the time frame to be fixed by this Honble court.

2. The case of the petitioner is as follows:

The petitioner is a farmar and doing agriculture in the land owned by his father. The petitioner's father purchased the land in Paimash No.65 of Kadathur Village vide Document bearing No.1655/1955 registered on the file of the SRO, Hosur. The petitioner's father died on 09.02.1993.

3. That being the situation, the third respondent impersonated the petitioner's father as if he was alive on 04.02.2016, whereas the petitioner's father passed away on 09.02.1993 itself. It is submitted that the further enquiry revealed that the petitioner's voter's identity card was forged and with the help of the forged identity card, a fruadulent sale deed was registered as document No.553/2016 on the file of the SRO, Shoolagiri dated 04.02.2016. Therefore, the petitioner made a representation dated 21.07.2020 to the first respondent to initiate action for cancellation of the fraudulent sale deed which was created by impersonation and also initiate action against the erred persons responsible for the above encumbrance. Since inaction of the part of the first respondent, the petitioner has approached this Court seeking the afore said prayer.

4. Heard, the learned counsel appearing for the petitioner, and the learned Special Government Pleader appearing for the first respondent and perused the materials available on record.

5. Considering the facts and circumstances of the case and the limited request made by the petitioner, this Court directs the first respondent to consider the representation made by the petitioner dated 21.07.2020 and pass appropriate orders on merits and in accordance with law, after affording necessary opportunity to the necessary parties, within a period of twelve weeks from the date of receipt of copy of this order.

6. With the above directions, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rli

To 1.

The District Registrar, Registration Department, Krishnagiri District.

2.

The Sub Registrar, Shoolagiri, Shoolagiri Taluk, Krishnagiri District.

+1cc to the Government Pleader, S.R.No.31010 W.P.No.11570 of 2022 MG(CO) PM/23/05/2022