Daisy Vincent, v. The Chief Secretary, Office Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.07.2015 Coram:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.23014 of 2015 Daisy Vincent ... Petitioner vs.

1. The Chief Secretary, Office of the Chief Secretariat, Government of Puducherry, Puducherry,

2. The Sub-Registrar, Office of the Sub-Registration, Thirunallar.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents herein to enter the declaration of the Civil Court by Judgment and Decree in O.S.No.160 of 2013, dated 7.10.2013 on the file of the Principal District Munsif, Karaikal, that the Sale Deed in Document No.2864/2012, dated 19.11.2012 with Sub-Registrar, Thirunallar is fraudulent and invalid.

For petitioner : Mr.G.Karthikeyan For Respondents : Mr.A.Tamilvannan,G.A. (Pondicherry)

ORDER

By consent the writ petition itself is taken up for final disposal.

2.The petitioner and two others had obtained an ex-parte declaratory decree and with a consequential prayer of permanent injunction, vide judgement and decree dated 7.10.2013, in O.S.No.160 of 2013, on the file of the Principal District Munsif, Karaikkal and thereafter, approached the second respondent for registering/entering the same in the relevant records, in the form of legal notice dated 23.3.2015, followed by a reminder dated 04.07.2015 and since he has not been favoured with any response, he came forward to file this writ petition.

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3. Heard the submissions of Mr.G.Karthikeyan, the learned counsel for the petitioner and Mr.A.Tamilvannan, learned Government Advocate(Pondy), who accepts notice on behalf of the respondents and would submit that it is always open to the petitioner to approach the second respondent with all necessary documents for the purpose of getting the relief.

4. This Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner in this writ petition, directs the petitioner to approach the second respondent along with necessary documents, within a period of two weeks from the date of receipt of a copy of this order and the second respondent, on receipt of the same, is directed to consider the request of the petitioner by taking into consideration the legal notice dated 23.3.2015 and the reminder dated 4.7.2015 and after putting on notice the persons concerned, pass orders within a period of six weeks thereafter and communicate the decision taken to the petitioner as well as the persons concerned.

5. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar msk To

1. The Chief Secretary, Office of the Chief Secretariat, Government of Puducherry, Puducherry,

2. The Sub-Registrar, Office of the Sub-Registration, Thirunallar.

+1 cc to Mr.G.Karthikeyan, Advocate, sr.39050 +1 cc to Govt.Pleader, sr.39140 W.P.No.23014 of 2015 nm(co) kra(13/08) https://hcservices.ecourts.gov.in/hcservices/