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Madras High CourtWP/9787/2024dismissed

G.Premala Santhakumari v. Inspector General Of Registration

2024-04-10Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR G.Premala Santhakumari .. Petitioner

Versus

1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar, Chennai South District, Chennai Zone, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanept, Nandanam, Chennai - 600 005.

3. The Sub Reistrar, Virugambakkam, Chennai South District, No.124, Arcot Road, 1st Floor, Virugmbakkam, Chennai - 600 045.

4. G.Thirugnanam

5. G.Germaiah .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to consider the petitioner's representation dated 04.01.2024 as instructed by the second respondent in his letter dated 08.02.2024 and pass Orders within the time that may be stipulated by this Court.

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For Petitioner : Mr.R.Venkatraman For Respondents : Mr.B.Vijay Additional 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 petitioner's representation dated 04.01.2024 as instructed by the second respondent in his letter dated 08.02.2024 and pass Orders within the time that may be stipulated by this Court.

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

4. The case of the writ petitioner is that the brothers of the petitioner have obtained patta fraudulently by representing that they were alone the legal heirs of their father, suppressing the fact that the petitioner is also one of his 2/5

legal heir. In this regard the petitioner has sent a representation to the first respondent but the same has not been considered. Hence, the present Writ Petition.

5. It appears that the petitioner is claiming right over the property of her father. Unless the right of the petitioner is established in a competent Civil Court, she cannot seek a direction to the respondents to stall registration.

6. Accordingly, this Writ Petition is dismissed of. No costs. 10.04.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To, 1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar, Chennai South District, Chennai Zone, 3/5

Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanept, Nandanam, Chennai - 600 005.

3. The Sub Reistrar, Virugambakkam, Chennai South District, No.124, Arcot Road, 1st Floor, Virugmbakkam, Chennai - 600 045.

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N. SATHISH KUMAR , J.

vrc W.P.No.9787 of 2024 10.04.2024 5/5