M.Chinna Samy v. The Deputy Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.16383 of 2020 Mr.M.Chinna Samy

...Petitioner

Vs.

1. Deputy Inspector General of Registration, Office of the DIG Registration, Room 3/12, 3rd Floor, District Collectorate, Salem.

2. The District Registrar (Administration) Krishnagiri, Krishnagiri District.

3. The Sub Registrar, Kaveripattinam, Krishnagiri District

4. The Tahsildar, Krishnagiri Taluk, Krishnagiri.

5. The Village Administrative Officer, paiyur-II, Krishnagiri Taluk and District.

6. Mr.V.Deivam,

...Respondents

Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Certiorari to call for the records and quash the order passed in Na.Ka.No.6907/U/2019 dated 31.08.2020 by the 2nd respondent For Petitioner : Mr.M. Muniruddin Sheriff For Respondent : Mr. T.M.Pappiah, Spl.Govt.Pleader

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the 2nd respondent dated 31.08.2020.

2. The case of the petitioner is that he purchased the subject property by virtue of a two registered Sale Deeds dated 24.4.2009 and 23.06.2016. The further case of the petitioner is that the 6th respondent seems to have given a complaint before the 2nd respondent and the 2nd respondent based on the statement made by the 5th respondent has proceeded to hold that the registered documents are illegal and fraudulent. 3.The learned counsel for the petitioner submitted that the petitioner has already filed an appeal in A.No.3750 of 2020 before the 1st respondent on 7.10.2020 and since, there was absolutely no response from the 1st respondent, the petitioner has approached this Court challenging the impugned order passed by the 2nd respondent.

4. Mr.T.M.Pappiah, learned Spl.Govt. Pleader appearing on behalf of the respondents 1 to 3 submitted that the 1st respondent will conduct an enquiry and pass orders on the appeal filed by the petitioner within the time fixed by this Court.

5. Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner has already filed an appeal before the first respondent against the order passed by the 2nd respondent, this Court is not inclined to go into the merits or otherwise of the order passed by the 2nd respondent. There shall be a direction to the 1st respondent to take up the appeal for enquiry and the 1st respondent shall provide sufficient opportunity to all the parties concerned and shall pass final orders strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

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

1. Deputy Inspector General of Registration, Office of the DIG Registration, Room 3/12, 3rd Floor, District Collectorate, Salem.

2. The District Registrar (Administration) Krishnagiri, Krishnagiri District.

3. The Sub Registrar, Kaveripattinam, Krishnagiri District 4.The Tahsildar, Krishnagiri Taluk, Krishnagiri.

5.The Village Administrative Officer, paiyur-II,Krishnagiri Taluk and District.

+1cc to the Government Pleader, SR.No.37964 W.P.No.16383 of 2020 RGN(CO) KKV/19/12/2020