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Madras High CourtWP/3976/2023disposed of

Sivakumar.J v. The District Registrar Central

2023-02-13Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Sivakumar. J ... Petitioner Vs.

1.The District Registrar Central, 268, Bharathi Salai, Express Estate, Royapettah, Chennai - 600 014.

2.S.Renuka ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 1st respondent to dispose of representation dated 28.03.2022 given before the 1st respondent/The District Registrar Central Chennai for cancellation of fabricated document No.1908/1954 filed in Case No.4785/A2/2021. For Petitioner : Mr.Srinivasu For Respondent : Mr.Yogesh Kannadasan Special Government Pleader for R1

O R D E R

The prayer sought for herein is for a writ of mandamus directing the 1st respondent to dispose of the representation of the petitioner dated 28.03.2022 given before the 1st respondent/The District Registrar Central Chennai for cancellation of fabricated document No.1908/1954 filed in Case No.4785/A2/2021.

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2. In respect of property at Old Survey No.115 and 116, Survey No.395/2, as per Patta T.S.No.395/28, Block No.23 to an extent of 4589 sq.ft. situated at Perambur Division, Chennai District, the petitioner had given a complaint cum representation on 28.03.2022 to enquire the matter and to find out the genuinity of the documents in question pertaining to the property.

3. Since the said representation cum complaint has not been considered by the 1st respondent District Registrar, the petitioner has moved the present writ petition.

4. Heard Mr.Srinivasu, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the 1st respondent. In view of the order going to be passed in this writ petition, notice to the 2nd respondent is dispensed with.

5. The learned Special Government Pleader for the 1st respondent would submit that, thought the representation cum complaint was given on 28.03.2022 i.e. prior to the amendment made in the Registration Act subsequently since amendment has come from 16.08.2022 under which 2/4

Section 77-A of the Act has been inserted and on the date of the commencement of the amended provisions since the representation referred to above was pending before the 1st respondent, the same would be considered and decided on merits and in accordance with law, of course under the provisions of Section 77-A of the Act within a time frame that may be stipulated by this Court.

6. Considering the said submission made by the learned Special Government Pleader for the 1st respondent, this Court is inclined to dispose of this writ petition with the following orders: There shall be a direction to the 1st respondent to consider the representation cum complaint of the petitioner dated 28.03.2022 and after conducting enquiry by giving an opportunity of being heard to both the petitioner as well as the 2nd respondent, orders shall be passed on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

7. With this direction, this Writ Petition is disposed of. No costs. 13.02.2023 Index : Yes / No Speaking Order : Yes / No Sgl 3/4

R.SURESH KUMAR, J.

Sgl To The District Registrar Central, 268, Bharathi Salai, Express Estate, Royapettah, Chennai - 600 014.

W.P.No.3976 of 2023 13.02.2023 4/4