C.K.Ramasamy v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.29479 of 2015 C. K. Ramasamy ... Petitioner Vs.

1.

The District Registrar, Krishnagiri.

2.

The Joint Sub-Registrar, Hosur, Krishnagiri District.

3.

C.P. Ravindra 4.

N. Munireddy 5.

Mrs. Radhammal ... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the 1st respondent herein to consider petitioner's representation dated 01-09-2015 for cancelling the sale deed dated 22-02-2008 and pass orders.

For Petitioner : M/s.M.Ravi For Respondents : Mrs.P.Rajalakshmi, Govt.Advocate for RR1 & 2 Mr. R. Bharath Kumar for RR4 & 5 No appearance for R3 ***

ORDER

By consent, the main writ petition is taken up for final disposal.

2.

The petitioner has come forward with the present writ petition seeking for a writ of mandamus directing the 1st respondent herein to consider his representation dated 01-092015 for cancelling the sale deed, dated 22-02-2008.

3. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first and second respondents and the learned counsel appearing for the fourth and fifth respondents.

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4. The case of the petitioner is that the land in survey No.235/3 to an extent of 5.10 acres at Sevaganapalli Village was his ancestral property and since it was classified as Anadeenam poramboke in the Revenue records, he executed a sale deed dated 22-02-2008, on the compulsion of third, fourth and fifth respondents, without receiving any consideration. The petitioner would further aver that he filed a suit for declaration of title in Krishnagiri District Court and got a decree in his favour and had sold the property in favour of one Shiyam Reddy, who is in enjoyment of the same. Now, the case of the petitioner is that his representation, dated 01-09-2015 to cancel the sale deed, dated 22-02-2008 executed by him, was not considered by the first and second respondents and hence he is before this Court by way of this writ petition.

5. Having regard to the facts and circumstances of the case and in view of the limited relief sought for, without expressing any opinion on the merits of the case,the petitioner is directed to send a copy of the representation dated 01-092015 along with the copy of this order within a period of one week from the date of receipt of a copy of this order. The first respondent is directed to consider and dispose of the said representation, dated 01-09-2015 after issuing notice and conducting an enquiry by affording an opportunity to the petitioner as well as the third, fourth and fifth respondent, on merits and in accordance with law. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of accordingly. No costs. glp Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.

The District Registrar, Krishnagiri.

2.

The Joint Sub-Registrar, Hosur, Krishnagiri District. + 1 cc to M.Ravi, Advocate Sr 27135 + 1 cc to Mr.R.Bharath Kumar, Advocate Sr 27200 + 1 cc to The Govt.Pleader, Sr 27417 KR/2/6/16 Writ Petition No.29479 of 2015 https://hcservices.ecourts.gov.in/hcservices/