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Madras High CourtWP/20495/2021disposed of

T.Rajendran v. The Inspector General Of Registration

2022-02-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.20495 OF 2021 T.Rajendran ... Petitioner -Vs1. The Inspector General of Registration, Registration Department Office, Pattinapakkam, No.100, Santhome Hgigh Road, Chennai - 600 028.

2. The District Registrar, District Registration Department, No.9, W Jones Road, Saidapet, Chennai - 600 015.

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

4. T.Sivasankaran

5. S.Puspalatha ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated 04.08.2021 and kindly cancel the settlement deed in item/schedule No.2, in doc.No.9201 of 2018 and remit my title deed in property situated at Chennai District in Sholinganallur Taluk, Karappakkam Village, in old survey No.99/1, new survey No.194/11 of vacant land measuring about 3.5 cents and do the needful.

For Petitioner : Mr.J.Arul Prakasam For Respondents For R1 to R3 : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The Writ Petition has been filed to direct the second respondent to consider the petitioner's representation dated 04.08.2021 and to cancel the settlement deed in item/schedule No.2, in doc. No.9201 of 2018 and remit my title deed in property situated at Chennai District in Sholiganallur Taluk, Karappakkam Village, in old survey No.99/1, new survey No.194/11 of vacant land measuring about 3.5 cents.

2.

Heard Mr.J.Arul Prakasam, learned counsel appearing for the petitioner Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1 to 3. 3.

The case of the petitioner is that he owned the property comprised in old survey No.99/1, new survey No.194/11 ad measuring 3.5 cents situated at Karapakkam Village, Sholiganallur, Chennai. However, the fourth respondent, who is none other than own brother of the petitioner without any title over the property, executed settlement deed in favour of the fifth respondent. Therefore, the petitioner lodged complaint before the second respondent on 04.08.2021, in respect of the fraudulent transaction done by the fourth respondent in favour of the fifth respondent and it is pending on the file of the second respondent.

4.

Considering the above facts, the second respondent is directed to consider the petitioner's complaint dated 04.08.2021, after issuance of notice to the petitioner as well as the respondents 4 & 5, and after giving opportunity of hearing to both parties, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of the receipt of a copy of this Order.

5.

With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rts

To

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

2. The District Registrar, District Registration Department, No.9, W Jones Road, Saidapet, Chennai - 600 015.

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

+1cc to M/s.J.Arul Prakasam, Advocate, S.R.No.7621 +1cc to the Government Pleader, High Court, Madras, S.R.No.8042 W.P.No.20495 of 2021 JPL(CO) RLP(18/02/2022)