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Madras High CourtWP/16847/2022disposed of

C.Palanisamy v. The District Registrar

2022-07-04Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI C.Palanisamy ... Petitioner vs.

1. The District Registrar, Office of the District Registrar, No.1/529, Nerupperichal Village, Pooluvapatti Post, Tiruppur 641 602.

2. G.Kumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to pass order upon the representation of the petitioner dated 19.11.2021 in pursuance to the proceedings bearing Na.ka.No.6135/A5/2021 dated 08.03.2022.

For Petitioner : Mr.C.Munusamy For R1 : Mr.Yogesh Kannadasan Special Government Pleader 1/5

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the first respondent to pass order upon the representation of the petitioner dated 19.11.2021 in pursuance to the proceedings bearing Na.ka.No.6135/A5/2021 dated 08.03.2022.

2. The case of the petitioner is that the petitioner's father acquired the property from his father by way of Settlement Deed, ad-measuring an extent of 0.221⁄2 cents situated at Ettiveerampalayam Village, Tiruppur Taluk. Further, the petitioner's father had executed a General Power of Attorney Deed on 07.06.2007 in favour of the second respondent, which was registered vide Document No.967/2007 on the file of Sub-Registrar, Avinashi. After the demise of the petitioner's father, the second respondent had executed a Sale Deed on 07.12.2011 in favour of some third parties. Therefore, the petitioner made representation dated 19.11.2021 before the 1st respondent/District Registrar, seeking to cancel the said Sale Deed. Pursuant to his representation, the summon was issued by the first respondent to the parties concerned for enquiry on 08.03.2022. However, 2/5

the first respondent did not conclude the enquiry, and therefore, the petitioner has filed the present Writ Petition.

3. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.

4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues direction to the first respondent to conclude the enquiry proceedings dated 08.03.2022 and pass orders on the same within a particular time frame that may be fixed by this Court.

5. The learned Special Government Pleader appearing for the first respondent has no objection for the said order being passed.

6. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the first respondent to conclude the enquiry proceedings dated 08.03.2022 and pass appropriate orders on merits and in 3/5

accordance with law, after affording an opportunity of hearing to the petitioner as well as the private respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above observations and directions, this Writ Petition is disposed of. No costs.

04.07.2022 Index :

Yes/No Speaking order :

Yes/No jd To The District Registrar, Office of the District Registrar, No.1/529, Nerupperichal Village, Pooluvapatti Post, Tiruppur 641 602.

M.DHANDAPANI,J.

jd 4/5

04.07.2022 5/5