E.Panneerselvam v. The District Registrar (Administration),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.14302 of 2022 E.Panneerselvam ... Petitioner Vs.

1. The District Registrar, District Registrar Office, Arakkonam, Ranipet District.

2. V.J.Gnanamani

3. K.Munusamy

4. M.Ramesh

5. M.Prakash

6. N.Banu

7. S.Kalpana ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st respondent to pass final orders pursuant to the proceedings in NA.KA.No. 5626/A2/2021 dated 02/12/2021 seeking for cancellation of Document No. 253/2007 dated 18/01/2007 and Document No. 2153/2013 dated 27/06/2013 respectively registered on the file of the Sub-Registrar Kalavai related to the subject matter of land situated at S.F.No. 329/1A1B , 330/1, 331/9 to an extent of acre 1.00 cents situated at Mulluvadi Village Arcot Taluk Vellore District. For Petitioners : Mr.N.Umapathi For Respondent : Mr.Yogesh Kannadasan, SGP

O R D E R

Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the first respondent. By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. This Writ Petition has been filed seeking a direction to the 1st respondent to pass final orders pursuant to the

proceedings in NA.KA.No. 5626/A2/2021 dated 02/12/2021 seeking for cancellation of Document No. 253/2007 dated 18/01/2007 and Document No. 2153/2013 dated 27/06/2013 respectively registered on the file of the Sub-Registrar Kalavai related to the subject matter of land situated at S.F.No. 329/1A1B , 330/1, 331/9 to an extent of acre 1.00 cents situated at Mulluvadi Village Arcot Taluk Vellore District.

3. The case of the petitioner is that the petitioner has purchased the property situated at S.F.No.329/1A1B, 330/1, 331/9 to an extent of acre 1.00 cents, situated at Mullvadi Village, Arcot Taluk from the respondents 3 to 7. After purchasing the property the petitioner made an application to change the patta in his name. The Revenue Divisional Officer informed that one Jaya has given objection petition and the same was pending before the RDO and subsequently, the said Jaya died. The Tahsildar conducted the enquiry and issued patta on 19.06.2015 in favour of the petitioner. Thereafter, the first respondent has issued notice to the petitioner dated 02.12.

2021 stating that the second respondent claimed that the said Jaya had bequeathed the property in her favour, and made an application to cancel the patta issued in favour of the petitioner. Therefore, the first respondent directed the petitioner to attend the enquiry. However, till date, the first respondent has not taken any steps to conclude the enquiry, for which, the petitioner has filed the present petition before this Court seeking appropriate remedy.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to conclude the enquiry and pass appropriate orders within the time frame as fixed by this Court.

5. Heard the learned counsel for the petitioner and perused the materials available on record. Since no adverse orders are passed against the respondents 2 to 7 and hence, the present of those respondents is dispensed with.

6. Considering the facts and circumstances of the case and considering the limited request made by the petitioner, this Court directs the first respondent to conduct enquiry with regard to the subject property, after providing opportunity to the petitioner as well as the counter parties and pass necessary orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar rli To The District Registrar, District Registrar Office, Arakkonam, Ranipet District.

+1cc to Mr.N.Umapathi, Advocate SR.No.34072 +1cc to the Government Pleader, SR.No.34860 W.P.No.14302 of 2022 SSD(CO) CB(05/07/2022)