N.Senthilkumar v. The District Registrar (Admin)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.29847 of 2015 and M.P.No.1 of 2015 N.Senthil Kumar ... Petitioner Vs.

1.The District Registrar (Admin), No.9, Jeans Road, Saidapet, Chennai - 600 015.

2.The Sub-Registrar, 2nd street, Kazura Garden, Neelankarai, Chennai - 600 041.

3.The Tahsildar, Sholinganallur Taluk Office (Kanchipuram Dist.), No.3, 1st street, Kumaran Nagar, Rajiv Gandhi Salai, Sholinganallur, Chennai - 600 119.

4.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

5.D.Muthukumarasamy 6.M.Elango @ Dhanalakshimi 7.R.Radha 8.M.Sarojini 9.S.Vanaja 10.A.Varalakshmi @ Baby 11.G.Mala ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of mandamus directing the first respondent to consider the representation/petition dated 10.08.2015 submitted by the petitioner and pass orders in view of Circular 67, dated 03.11.2011.

For Petitioner : Mr.Siva Anandaraj for M/s.V.Sankaranarayanan For R1 to R4 : Mr.P.Sanjay Gandhi, AGP

O R D E R

It is a case of the petitioner that the property in question belongs to his grandfather. It devolved upon his father by way of a Registered Will. The petitioner's father executed a settlement deed in favour of the petitioner, who is a practicing lawyer. It appears that the patta has been changed in favour of the private respondents herein. It was challenged by the petitioner before this Court and this Court, by order dated 31.10.2013 made in W.P.No.29715 of 2015, passed an order of interim injunction.

2. Learned counsel for the petitioner submitted that suppressing the above said facts, a certificate has been obtained by the private respondents alleging that the original documents with respect to the property in question are missing, though the property continues to be with the possession of the petitioner. It is the further case of the petitioner that with the said documents obtained fraudulently, a settlement deed has been executed by some of the private respondents to their family members, who have also been impleaded as respondents in this writ petition.

3. The petitioner made a complaint to the first respondent on 10.08.2015 making the above said allegations. As the said complaint has not been looked into, the present writ petition has been filed seeking a direction to the respondents to conduct an enquiry and pass appropriate orders in view of Circular No.67, dated 03.11.2011.

4. Taking into consideration of the pendency of the representation/complaint of the petitioner dated 10.08.2015, a direction is issued to the first respondent to look into the same and take appropriate action in accordance with law, after affording a reasonable opportunity to the petitioner, private respondents and other third parties if so required, within a period of eight weeks from the date of receipt of a copy of this order. With this direction, the writ petition stands disposed of. No Costs. M.P.No.1 of 2015 is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To 1.The District Registrar (Admin), No.9, Jeans Road, Saidapet, Chennai - 600 015.

2.The Sub-Registrar, 2nd street, Kazura Garden, Neelankarai, Chennai - 600 041.

3.The Tahsildar, Sholinganallur Taluk Office (Kanchipuram Dist.), No.3, 1st street, Kumaran Nagar, Rajiv Gandhi Salai, Sholinganallur, Chennai - 600 119.

4.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

+1cc to Mr.V.Sankaranarayanan, Advocate Sr.51736 +1cc to The Government Pleader sr.51872 W.P.No.29847 of 2015 ev[co] srg 1.10.2015