Shakthivel v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.14058 of 2022 Shakthivel, ... Petitioner Vs.

1. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai -4.

2. The District Registrar District Registrar Office, Dharmapuri.

3. The Joint Sub-Registrar - II Sub Registrar Office, Dharmapuri.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ order or direction in the like nature of Writ of Mandamus directing the 2nd and 3rd respondents to cancel the sale deeds doc Nos.588 of 2001, 1831 of 2006 and 3789 of 2020 on the file of the Joint Sub- Registrar -II, Sub-Registrar Office, Dharmapuri and remove the entries from encumbrance based on petitioner's representation dated 07.05.2022 within the time frame fixed by this Court.

For Petitioner :

M/s.A.M.Amutha Ganesh For R1 to R3 :

Mr.E.Veda Bagath Singh Spl. Government Pleader

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal.

2. The petitioner herein had given a representation to the respondents on 07.05.2022 to cancel the sale deeds document Nos.588 of 2001, 1831 of 2006 and 3789 of 2020 on the file of the Joint Sub- Registrar -II, Sub-Registrar Office, Dharmapuri and remove the entries from encumbrance. Since the said representation was not considered, the present Writ Petition has https://hcservices.ecourts.gov.in/hcservices/

been filed.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the third respondent herein to consider the petitioner's representation dated 07.05.2022 on its own merits and pass appropriate orders in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order after giving due opportunity to the interested parties. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar jeni To

1. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.

2. The District Registrar District Registrar Office, Dharmapuri.

3. The Joint Sub-Registrar - II Sub Registrar Office, Dharmapuri.

+1cc to M/s.A.M.Amutha Ganesh, Advocate, S.R.No.32660 W.P.No.14058 of 2022 GPL(CO) CT/17/06/2022 https://hcservices.ecourts.gov.in/hcservices/