Farhana, W/O.S.S.Rajendran, v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.22554 of 2016 Farhana ..
Petitioner Vs.
1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 28.
2.The District Registrar, Saidapet, Chennai.
3.The Sub Registrar, Selaiyur, Chennai.
4.Waseemunnissa 5.Mohamed Ghouse ..
Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to take action on the basis of the representation of the petitioner dated 21.4.2014 for cancellation of the documents dated 6.2.2013 bearing Registration No.10845/2013, SRO, Selaiyur and Document dated 26.3.2014 bearing document No.3318/2014, SRO, Selaiyur. For Petitioner : Mr.N.Suresh For RR 1 to 3 : Mr.R.Govindasamy Special Government Pleader
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner claims that she is the absolute owner of the property admeasuring to an extent of 3600 sq.ft., in Survey No.46/1A1, Rajakeezhpakkam, Tambaram Taluk, Kancheepuram District and is in possession and enjoyment of the said property. The grievance expressed by the petitioner is that some third parties in connivance and with the help of
the Sub Registrar of Selaiyur, viz., one Chandran, had created and fabricated two documents bearing Nos.3313 and 10845 dated 26.03.2014 and 06.02.2013 respectively and in this regard, the petitioner has submitted a representation dated 21.04.2014 to the Inspector General of Registration for cancelling the registration as well as the entry relating to the said documents in the Encumbrance and the Inspector General of Registration, vide letter No.18816/U1/2014 dated 06.06.2014 informed the 2nd respondent that the Circular No.67 dated 03.11.2011 has been stayed by this Court and therefore, directed them to act on the letter in Letter No.6/IGR/2013 dated 30.01.2013 and take appropriate action and the 1st respondent has also sent reminders to the 2nd respondent on 25.07.2014 to take appropriate action.
The Deputy Inspector General of Registration, vide communication dated 22.08.2014 has also informed the petitioner that the Sub Registrar, viz., Mr. Chandran, has been placed under suspension. The grievance expressed by the petitioner is that despite the advise by the 1st respondent to the 2nd respondent, no action has been taken on her representation and hence, she came forward to file this writ petition.
Heard the submissions of the learned counsel for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 3.
Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the same, directs the 2nd respondent to take note of the communication of the 1st respondent Letter No.18816/U1/2014 dated 06.06.2014 and after putting on notice the respondents 4 and 5 and pass orders in accordance with law on the representation submitted by the petitioner dated 21.04.2014 within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the respondents 4 and 5.
The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP
To 1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 28.
2.The District Registrar, Saidapet, Chennai.
3.The Sub Registrar, Selaiyur, Chennai.
1 cc to M/s.M.Suresh, Advocate, sr.36812 W.P.No.22554 of 2016 ctk co kra 21.07.2016