Tmt.D.Gandhimathi v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.13026/2020 Tmt.D.Gandhimathi ..Petitioner

Versus

1. The District Registrar, District Registrar Office Tindivanam, Villupuram District.

2. The Sub Registrar, Vallam Registrar Office Mailam Taluk, Villupuram District.

3. The Sub Registrar Vikravandi, Villupuram District.

4. Mrs.Perundevithayar

5. Mr.Arvanaselvan

6. Mr.A.Loganathan

7. Mr.A.Palgopi

8. Mr.A.Ramamurthy ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to consider the petitioner's representation dated 28.07.2020 within a time frame fixed by this Court.

For Petitioner :

Mr.P.Sundararajan For Respondents :

Mr.T.M.Pappiah, Spl.GP for RR 1 to 3

ORDER

(1)This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the

representation made by the petitioner on 28.07.2020 to take action against respondents 4 to 8 in accordance with law. (2)The case of the petitioner is that the subject property belongs to the husband of the petitioner and the revenue records also stood in his name. He died on 23.01.1999, leaving behind the petitioner and two daughters as his legal heirs. According to the petitioner, they have inherited the property. The grievance of the petitioner is that the respondents 4 to 8 have dealt with the property without any right and a Partition Deed was registered on the file of the 2nd respondent on 20.01.2020. The petitioner made a representation to the respondents to take action in accordance with law. Since the same was not considered, the present writ petition has been filed by the petitioner before this Court seeking for appropriate directions.

(3)Heard the learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader accepting notice on behalf of respondents 1 to 3.

(4)Taking into consideration, the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the petitioner to submit a fresh complaint to the 2nd respondent. The 2nd respondent, on receipt of the complaint, shall deal with the same in accordance with Sections 82 and 83 of the Registration Act, 1908, after giving sufficient opportunity to the petitioner as well as to respondents 4 to 8. Necessary orders shall be passed within a period of eight weeks from the date of receipt of the complaint from the petitioner. The petitioner shall file all the necessary documents along with a copy of this order while giving the complaint before the 2nd respondent.

(5)This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Registrar, District Registrar Office Tindivanam, Villupuram District.

2. The Sub Registrar, Vallam Registrar Office Mailam Taluk, Villupuram District.

3. The Sub Registrar Vikravandi, Villupuram District.

+1cc to Mr.P.Sundarajan, Advocate in SR.NO..31107 +1cc to Government Pleader in SR.NO..31292 WP.No.13026/2020 PP(CO) RV(13/10/2020)