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Madras High CourtWP/37038/2015disposed of

A.Venkatraman,S/O.Azhagirisamy v. The Sub Registrar,

2015-11-27Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27/11/2015

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH Writ petition Nos.37038 & 37039 of 2015 A.Venkatraman Represented by Power Agent B.Thulasinathan (in W.P.No.37038 of 2015) A.Venkatraman Represented by Power Agent K.Latha (in W.P.No.37039 of 2015) ... Petitioner in both Writs Vs.

The Sub-Registrar, Padappai Sub Registrar Office, Padappai, Kanchipuram.

... Respondent in both Writs W.P.No.37038 of 2015 Prayer: The writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 09.10.2015 to register the Sale Deed in respect of the property being vacant house site bearing Plot No.25 measuring an extent of 2600 sq.ft. At Lakshmi Nagar, comprised in Survey No.344/2A, as per Patta No.13009 New Sub Division Survey No.344/17 situated at Varadarajapuram Village, Kundrathur Panchayat Union, Sriperumpudur Taluk, Kancheepuram District, Padappai Sub-Registration District, South Chennai Registration District, in favour of third parties. W.P.No.37039 of 2015 Prayer: The writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 09.10.2015 to register the Sale Deed in respect of the property being vacant house site bearing Plot

No.24 measuring an extent of 2587 sq.ft. at Lakshmi Nagar, comprised in Survey No.344/2A, as per Patta No.13009 New Sub Division Survey No.344/17 situated at Varadarajapuram Village, Kundrathur Panchayat Union, Sriperumpudur Taluk, Kancheepuram District, Padappai Sub-Registration District, South Chennai Registration District, in favour of third parties. For Petitioner : Mr.D.Suresh For Respondent : Mr.M.Vijaya Pandian Additional Government Pleader for Respondent

O R D E R

As both the writ petitions are one and the same involving similar set of facts, they are taken up together and disposed of by this common.

2.

A representation was made by the petitioner on 9.10.2015 stating that sale deeds were presented by the petitioner in respect of house sites, bearing Plot Nos.25 and 24 situated at Lakshmi Nagar in S.No.344/2A corresponding New Sub Division Survey No.344/17 situated at Varadarajapuram Village, Kundrathur Panchayat Union, Sriperumpudur Taluk, Kancheepuram District, Padappai Sub-Registration District are to be registered. As the said request of the petitioner was not considered, the present writ petition has been filed. 3.

In the counter affidavit affidavit filed by the respondent it has been stated that a complaint has been registered against the petitioner and a legal notice was also issued by Mr.K.Sankaran, Advocate. On receipt of the same, the same has been referred to the District Registrar (Administration) for enquiry. The enquiry is pending disposal at this stage.

4.

In view of the same and taking note of the fact that District Registrar (Administration) Kancheepuram is a competent authority to look into the complaint, a direction is issued to the said authority to consider the same after affording an opportunity of hearing to the parties including the petitioner within a period of eight weeks from the date of the receipt of a copy of the order. Based upon the decisions to be rendered by the District Registrar (Administration), Kancheepuram, the respondent herein shall go on.

5.

These writ petitions stand disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vk To The Sub-Registrar, Padappai Sub Registrar Office, Padappai, Kanchipuram.

Copy to:

The Deputy Registrar (Administration), Kancheepuram.

+2cc's to Mr.D.Suresh, Advocate, S.R.No.64812 & 64813 +1cc to the Government Pleader, S.R.No.65247 W.P.Nos.37038 & 37039 of 2015 RV(CO) CA(17/12/2015)