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Madras High CourtWP/22623/2022disposed of

Renukadevi v. The Inspector General Of Registration

2022-11-08Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2022

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI Renukadevi ... Petitioner Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2. The District Registrar (Administration), Chennai Central, No.268, Bharathi Salai, Express Estate, Royapetah, Chennai - 600 014.

3. The Sub- Registrar, Sub- Registrar Office, Villivakkam, Chennai - 600 049.

4. Balamurugan

5. Aruna

6. Sivagami

7. Mr.Purusothaman ... Respondents Prayer : Writ Petition has filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to dispose of the petitioner's representation dated 26.02.2021 to cancel the said forged Settlement Deed registered as Document No.66 of 2006, dated 06.01.2006 on the file of the 3rd respondent. 1/6

For Petitioner : Mr.S.Ramachandran For Respondents 1 to 3 : Mr.E.Vijay Anand Additional Government Pleader For Respondent No.4 : Unserved Tapal Return For Respondents 6 & 7 : Tapal Return (Door Locked)

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents 1 to 3 to dispose of the petitioner's representation dated 26.02.2021 to cancel the said forged Settlement Deed registered as Document No.66 of 2006, dated 06.01.2006 on the file of the 3rd respondent.

2. Since no adverse order is being passed against the private respondents 4 to 7, notice to them is dispensed with.

3. The case of the petitioner is that originally, the petitioner's grandfather, namely Ranganathan owned the property comprised in Survey No.14/4, measuring an total extent of 2068 sq.ft, Plot No.8, Vanasakthi Nagar Extention, Korattur Village, Chennai. The said Ranganathan died leaving behind the petitioner's father and his two sons as his legal heirs. While so, after the demise of petitioner's father, the petitioner and her brother 2/6

inherited the aforesaid property. The grievance of the petitioner is that, one V.R.Govindaraj, who is the brother of the petitioner's father rented out the aforesaid property to the fourth respondent and one Balakrishnan. However, the fourth respondent, being a tenant in the aforesaid property had created forged legal-heirship certificate and registered the same in his favour and thereafter, several alienations were made in respect of the aforesaid property. Therefore, the petitioner made a criminal complaint before the law enforcing agency. However, no action had evoked on the said complaint. Aggrieved by the same, the petitioner made a representation dated 26.02.2021 before the respondents 1 to 3, seeking for cancellation of forged Settlement Deed registered as Document No.66 of 2006, dated 06.01.2006 on the file of the third respondent. Since the said representation was not considered by the respondents 1 to 3, the petitioner filed the present Writ Petition.

4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the second respondent to consider the petitioner's representation dated 26.02.2021 and pass orders on the same within a particular time frame that may be fixed by this Court. 3/6

5. The learned Additional Government Pleader appearing for the respondents 1 to 3 has no objection for the said order being passed.

6. Considering the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 26.02.2021 in terms of Section 77A of the Registration Act and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the private respondents, within a period of twelve weeks from the date of receipt of a copy of this order.

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

08.11.2022 Speaking order: Yes/No Index: Yes/No anu To

1. The Inspector General of Registration, 4/6

No.100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2. The District Registrar (Administration), Chennai Central, No.268, Bharathi Salai, Express Estate, Royapetah, Chennai - 600 014.

3. The Sub- Registrar, Sub- Registrar Office, Villivakkam, Chennai - 600 049.

M.DHANDAPANI, J.

anu 5/6

W.P.No. 22623 of 2022 08.11.2022 6/6