S.Syed Shameer v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.3594 of 2017 1.S.Syed Shameer 2.S.Anitha Farhana 3.Sharifah Rabiathul Batharia 4.S.Sofia ... Petitioners Vs.

1 The Inspector General of Registration Tamil nadu Registration Department Pattinapakkam Chennai.

2 The District Registrar Registration Department Thiruvarur Thiruvarur District.

3 The Sub- Registrar Thiruvarur Thiruvarur District.

4 Farooq Ahamed ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the Respondents 1 and 2 to consider our representation dated 29.12.2016 and to take disciplinary action against the third Respondent.

For Petitioners :

Mr.K.Pradeep Raj For Respondents :

Mr.C.Emalias, Addl. Public Prosecutor, for R1 to R3

ORDER

The petitioners have come up with the present writ petition for a mandamus, directing the respondents 1 and 2 to consider their representation dated 29.12.2016 and to take disciplinary action against the third respondent.

2. It is the case of the petitioners that since all of them have settled down at Malaysia, they have executed a power of attorney in favour of the fourth respondent to look after their properties. During the month of October, 2016, they returned to India and came to know that the fourth respondent sold out all their lands for higher price and cheated them. Immediately, they have cancelled the power of attorney executed in favour of the fourth respondent. Thereafter only, they came to know that the third respondent herein also colluded with the fourth respondent and helped him in grabbing their lands. In this regard, they have sent a representation dated 29.12.2016 to the first respondent and the same was also received by the first respondent. However, so far, no action was taken on their representation. Hence, the petition.

3. I have heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor, who has taken notice on behalf of the respondents 1 to 3. In view of the limited order to be passed hereunder, this Court is of the opinion that notice is not necessary to the fourth respondent.

4. In view of the limited prayer sought for by the petitioners, without going into the merits of the case, the first respondent is directed to consider the representation of the petitioner dated 29.12.2016 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioners as well as to the fourth respondent and other parties, if necessary. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sbi To 1 The Inspector General of Registration Tamil nadu Registration Department Pattinapakkam Chennai.

2 The District Registrar Registration Department Thiruvarur Thiruvarur District.

3 The Sub- Registrar Thiruvarur Thiruvarur District.

+1cc to Mr.K. Pradeepraj, Advocate, S.R.No.11709 nr(CO) md(27/02/2017) W.P.No.3594 of 2017