P.Sridhar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.13376 of 2020 P. Sridhar ... Petitioner Vs.

1. The State rep. By The Inspector of General, Office of Inspector of General, Registration Department, Santhome, Chennai.

2. The Sub Registrar, Sub Registration Office, Periamedu, Chennai.

3. Mr. Babu

4. Mr. Kannan ... Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the 1st and 2nd respondents to consider and cancel the two Registration Vide Registration Document No.91 of 2020 by 3rd respondent on 13.01.2020 and Sale Agreement entered between 3rd respondent to 4th respondent Registration Document No.654 of 2020 at SubRegistration Office at Periamet, Chennai on 17.3.2020 vide O.S.No.23, R.S.No.1322 revised R.S.No.1322/1, as per patta R.S.No.1322/1 property situated at No.12/34, Velayutham Aachari Street, Pudupet, Chennai 600 002 based on petitioner's representation dated 27.08.2020 in accordance with law. For Petitioner : Mr. Sugendran For Respondents: Mr.T.M. Pappiah, Spl. Govt. Pleader

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the 1st and 2nd respondents to act upon the representation made by the petitioner on 27.08.2020 and to take action in accordance with law within the time stipulated by this Court.

2. The case of the petitioner is that the subject property belongs to the petitioner and his brother and they are in possession and enjoyment of the same. The grievance of the petitioner is that the 3rd and 4th respondents have absolutely no right over the property and have proceeded to register an agreement of sale on the file of the2nd respondent on 17.3.2020.

3. According to the petitioner, the 3rd and 4th respondents have made an attempt to grab the property and a police complaint has also been given in this regard. The petitioner made a representation to the 1st and 2nd respondents on 27.8.2020 seeking for an action to be taken against the 3rd and 4th respondents. Since the same was not considered, the present Writ Petition is filed before this Court.

4. Heard Mr.Sugendran, learned counsel for petitioner and Mr.T.M.Pappiah, learned Spl.Govt. Pleader appearing for the respondents 1 and 2.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the complaint given by the petitioner on 27.8.2020 and deal with the same in accordance with sections 82 and 83 of the Registration Act. The 2nd respondent shall issue notice to the 3rd and 4th respondents and give them an opportunity at the time of enquiry before passing final orders. The 2nd respondent shall pass final orders within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with all relevant documents and also a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To

1. The Inspector of General, Office of Inspector of General, Registration Department, Santhome, Chennai.

2. The Sub Registrar, Sub Registration Office, Periamedu, Chennai.

+1cc to Mr.S.Sugendran, Advocate Sr.31649 +1cc to the Government pleader Sr.31686 W.P.No.13376 of 2020 rsv[co] srg 19/10/2020