K.Rajagopal v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.16565 of 2017 & W.M.P.No.17929 of 2017 1.K.Rajagopal 2.R.Kantha ... Petitioners v.

1. The Inspector General of Registration No.120, Santhome High Road Chennai - 600 028

2. The District Registrar Krishnagiri District - 635 001

3. The Sub Registrar Shoolagiri Shoolagiri Taluk Krishnagiri District.

4. Ramachandrappa

5. Gopalakrishna

6. Shankar

7. Narayanappa

8. Natesh

9. Sasikumar 10.Santhamma 11.T.Papaiah 12.C.Anandhaiah 13.J.Srinivasan .... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus, calling for the records of the 2nd respondent relating to Mu.Mu.No.871/U/2016, dated 13.10.2016, quash the same and consequently direct the 2nd respondent to cancel the fraudulent transfers on the basis of the petitioner's representation dated 18.02.2016 within the time to be stipulated by this court.

For Petitioner : Mr.R. Bharath Kumar For Respondent : Mr.A.N. Thambidurai Special Government Pleader

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus, to call for the records of the 2nd respondent dated 13.10.2016, quash the same and consequently, direct the 2nd respondent to cancel the fraudulent transfer on the basis of his representation dated 18.02.2016, within the time frame.

2. Mr. R. Bharath Kumar, learned counsel appearing for the petitioner submitted that the petitioner would be satisfied if a direction is given to the Subordinate Judge, Hosur to dispose of the suit in O.S. No. 40 of 2012, within a time frame.

3. Mr.A.N. Thambidurai, learned Special Government Pleader takes notice for the respondents 1 to 3.

4. In view of the limited prayer sought for now by the learned counsel for the petitioner, without going into the merits of the matter, I direct the Subordinate Judge, Hosur, to dispose of the suit in O.S.No.40 of 2012, on merits and in accordance with law, after conducting ful-fledged trial, within a period of four months, from the date of receipt of copy of this order. It is needless to say that the Trial Court shall decide the suit in accordance with law, without being influenced by any of the observation given by the 2nd respondent in the order dated 13.10.2016.

With these observations, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Rj/nl

To

1. The Inspector General of Registration No.120, Santhome High Road Chennai - 600 028

2. The District Registrar Krishnagiri District - 635 001

3. The Sub Registrar Shoolagiri Shoolagiri Taluk Krishnagiri District.

Copy to The Subordinate Judge, Hosur.

+1cc to Mr.R. Bharath Kumar, Advocate, S.R.No.45548 +1cc to the Government Pleader, S.R.No.45953 W.P.No.16565 of 2017 VGII(CO) CS/07/07/17