C.Ganesan v. The Deputy Inspector General Of Registriation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.16290/2021 [Video Conferencing] C.Ganesan ... Petitioner

Versus

1.The Deputy Inspector General of Registration Collector Office Compound, Salem-1.

2.The District Registrar, New Pet, Krishnagiri-1.

3.The Sub Registrar, Pochampalli Krishnagiri District.

... Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to dispose of the Appeal filed on 09.07.2021 which is now pending on the file of the 1st respondent within a time frame fixed by this Court.

For Petitioner :

Mr.T.Arockia Dass for Dass and Viswa Associates For Respondents :

Mr.Yogesh Kannadasan Government Advocate

ORDER

(1) Mr.Yogesh Kannadasan, learned Government Advocate accepts notice on behalf of the respondents 1 to 3.

(2) Heard the learned counsel for the petitioner. (3) The petitioner claims that with respect to the properties in which he is interested in, viz., punjai S.No.222/2B, which originally measured an extent of 1.48 acres in Anadur Village and Punjai S.No.149/3, which originally was to an extent of 2.24 1⁄2 acres, which lands were within the Sub

Registration District of Pochampalli, Uthangarai Taluk, Krishnagiri District, the father of the petitioner had patta and was enjoying the lands. Even subsequent to UDR re-organization, the Settlement patta continued to be in the name of the petitioner's father in Patta No.151. In the year 2020, there was a family partition and the petitioner sought to sell his lands subsequently. Unfortunately, the 3rd respondent appears to have refused to receive the Sale Deed and issued a Check Slip claiming that there had been earlier a transaction in the year 1968 registered as Document No.880 in favour of one Selvaraj. Questioning that particular entry and refusal to register the Sale Deed, the petitioner had given an appeal under section 68[2] of the Registration Act to the 1st respondent / Deputy Inspector General of Registration.

This appeal had been forwarded through post on 09.07.2021. (4) Not even a month had passed since the date of lodging of the appeal. Therefore, it is only understandable that the 1st respondent would not have even passed any effective order as on date. At any rate, a mandamus is issued to the 1st respondent to examine the said appeal and pass considered orders within a period of sixteen weeks from the date of receipt of a copy of this order.

(5) The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar AP To 1.The Deputy Inspector General of Registration Collector Office Compound, Salem-1.

2.The District Registrar, New Pet, Krishnagiri-1.

3.The Sub Registrar, Pochampalli Krishnagiri District.

+1cc to M/s.Dass & Viswa, Advocate Sr.38635 +1cc to the Government Pleader Sr.39096 WP.No.16290/2021 mg[co] srg 23/08/2021