Aysesha Beevi v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.15186 of 2020

1. Ayesha Beevi

2. Raizan Parveen

3. Meezana

4. Shaadoona now presently represented by Power Agent S.A.Mohamed Ismail ... Petitioner Vs.

1. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Chennai 600 028.

2. The District Registrar, District Registrar Office, SIDCO Industrial Estate, Electronics Complex, 3rd Block, 3rd Floor, Guindy, Chennai 600 032.

3. The Sub Register, Neelankarai, No.2/92, SH 49, Kazura Garden, Neelankarai, Chennai 600 041.

4. Hasan Mohamed,

5. Nihara Jamal

6. Bairose Banu Jamal

7. Saravanan

...Respondents

PRAYER : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus to direct the 1st respondent to take action and to pass appropriate orders by considering the complaint given by the petitioner dated 19.09.2019 . For Petitioner : Mrs.A.Vinu Pradha 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 2nd respondent to dispose of the complaint given by the petitioners on 19.09.2019 within the time frame fixed by this Court.

2.The case of the petitioners is that the subject property originally belonged to one Meera Mydeen. According to the petitioner, the patta also stood in her name. The further case of the petitioners is that she died on 7.5.2009 leaving behind the petitioners as her legal heirs who succeeded to the property. The further case of the petitioners is that the 4th respondent has fabricated and created a forged Power of Attorney dated 8.12.2018 as if it was executed in his favour by late Meera Mydeen on 8.12.2018. According to the petitioners, the document is primafacie a forged document since Meera Mydeen died as early as in the year 2009 itself.

3. In view of the above, a petition came to be filed before the 2nd respondent by way of a complaint to take action in accordance with Section 82 and 83 of the Registration Act. According to the petitioner, the notice was issued to the parties and they were called for hearing on 18.10.2019. The grievance of the petitioners is that thereafter there was absolutely no progress and left with no other alternative, the present Writ petition has been filed before this Court seeking for appropriate directions.

4. Heard Mrs.Vinu Pradha, learned counsel appearing for the petitioner and Mr.T.M.Pappiah, learned Special Govt. Pleader appearing for the respondents 1 to 3.

5 .Taking into consideration the facts and circumstances of the case, and also of the fact that the 2nd respondent has already called the parties for an enquiry, there shall be a direction to the 2nd respondent to complete the enquiry after affording due opportunity to the petitioners as well as respondents 4 to 7 and pass orders strictly in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar msr To

1. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam,, Chennai 600 028.

2.The District Registrar, District Registrar Office, SIDCO Industrial Estate, Electronics Complex, 3rd Block, 3rd Floor, Guindy, Chennai 600 032.

3.The Sub Register, Neelankarai, No.2/92, SH 49, Kazura Garden, Neelankarai, Chennai 600 041.

+1cc to the Government Pleader Sr.35454 W.P.No.15186 of 2020 ev[co] srg 04/12/2020