L.Narayanan v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.04.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11475 of 2022 L. Narayanan ... Petitioner Vs

1. The District Registrar, Central Chennai, Office of the District Registrar, Bharathi Salai, Express Estate, Royapettah, Chennai-600 014.

2. The Sub Registrar, Villivakkam, Office of the Sub-Registrar, 576, Mogappair West, Chennai-600 037. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or any other writ or direction, directing the 1st Respondent to pass orders on the representation of the petitioner dated 07.02.2022, by canceling the fabricated and forged documents as against the petitioner's property.

For Petitioner ... Mr.G.Palani For Respondents... Mr. Yogesh Kannadasan, Special Government Pleader.

O R D E R

The present petition has been filed seeking a direction to the 1st Respondent to pass orders on the petitioner's representation dated 07.02.2022.

2. Learned Special Government Pleader takes notice for the respondents.

3. It is the case of the petitioner that he is an absolute owner of vacant house site situated in Gandhi Nagar, Korattur Village, Ambattur Taluk, Tiruvallur District, bearing

Plot No.7 (measuring 2394 Sq.ft) and Plot No.8 (measuring 2416 Sq.ft) comprised in Survey No.759/1,2,3 and 4 within the jurisdiction of SRO Villivakkam and within the registration of Chennai Central. However, the said property was purchased from one R.S.Venkatacham, by way a registered Sale deed dated 30.11.1989 vide document No.5585/1989. In the year 2019, while applying for encumbrance certificate, the petitioner came to know that some fabricated documents have been created by some third parties in respect of the subject properties, against which, the criminal proceedings were initiated, pending the same, the petitioner made a representation dated 07.02.2021 before the 1st Respondent herein to cancel the registration of the forged documents with the 2nd Respondent. However, till date, the same has not been considered. Hence, the present petition has been filed seeking the aforesaid relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st Respondent to consider the representation made by the petitioner to cancel the forged documents created in respect of the subject properties, within the time that may be stipulated by this Court.

5. Learned Special Government Pleader appearing for the Respondents has no objection to the said order being passed.

6. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 1st Respondent to consider the petitioner's representation dated 07.02.2022 in terms of Section 68(2) of the Registration Act and pass appropriate orders on the same in accordance with law, after affording an opportunity of personal hearing to the aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar NHS

To

1. The District Registrar, Central Chennai, Office of the District Registrar, Bharathi Salai, Express Estate, Royapettah, Chennai-600 014.

2. The Sub Registrar, Villivakkam, Office of the Sub-Registrar, 576, Mogappair West, Chennai-600 037.

+1cc to Mr.G.Palani, Advocate SR.No.30007 +1cc to Government Pleader SR.No.31016 W.P.No.11475 of 2022 SR(CO) GMY(31/05/2022)