E.Perumal v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM E.Perumal

...Petitioner

-Vs1. The District Registrar, Dharmapuri District.

2. The Sub-Registrar, Dharmapuri West, Dharmapuri District.

3. S.Selvaraj

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to cancel the Sale Deed Doc No.6273 of 2022 on the file of 2nd respondent and remove the entries from encumbrance based on petitioner's representation dated 16.11.2022 as per provisions contemplated under section 77A of Registration Act within the time frame fixed by the Hon'ble Court.

For Petitioner : Mr.A.Mamutha Ganesh For Respondents : Mr.S.Ravichandran, AGP 1/4

O R D E R

The petitioner states that an application was submitted on 16.11.2022 to cancel the sale deed registered as document No.6273/2022, on the file of the second respondent.

2.For cancellation of the sale deed registered, the first respondent has to conduct an inquiry by affording opportunity to all the parties. That apart, the petitioner has to submit all relevant documents and evidence to establish his case in the manner contemplated. Mere representation in this regard would be insufficient to deal with the appeal which is to be in a prescribed format along with the documents which all are required for the purpose of establishing the case of the writ petitioner. Thus, the petitioner is at liberty to submit an application in the prescribed format along with all the requisite documents enabling the first respondent to conduct an inquiry into the matter and take a decision.

3.In view of the facts and circumstances, in the event of receiving any such application along with the documents, the first respondent shall conduct an elaborate inquiry by affording opportunity to all the parties and 2/4

by following the procedures as contemplated and thereafter take a decision and pass orders on merits and in accordance with the law as expeditiously possible.

4.Accordingly, the writ petition stands disposed of. No costs. (sha) 25.04.2023 Index : Yes Speaking Order To

1. The District Registrar, Dharmapuri District.

2. The Sub-Registrar, Dharmapuri West, Dharmapuri District.

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S.M.SUBRAMANIAM . J., (sha) 25.04.2023 4/4