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Madras High CourtWP/17668/2020disposed of

M.Krishnasamy v. The District Registrar

2020-12-09Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.17668 of 2020 M.Krishnasamy ..Petitioner Vs

1. The District Registrar, Registration Department, Krishnagiri District, Krishnagiri.

2. The Sub Registrar, Registration Department, Shoolagiri, Krishnagiri District.

3. Ramesh

4. Uma Devi

5. K.S.Usha

6. M.P.Suresh

7. Muralidhar

8. Sri Hari

9. Marappan

10. Raja .. Respondents Prayer:Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent herein to dispose of the petitioner's representation dated 09.10.2020 in accordance with law and within a stipulated period .

For Petitioner : Mr.K.Govi Ganesan For Respondents: Mr.T.M.Pappiah, Spl. Govt. Pleader for R1 and R2.

ORDER

This Writ Petition has been filed for the issue of Writ of mandamus directing the 1st respondent to dispose of the representation made by the petitioner on 9.10.2020 within the time frame fixed by this Court.

2. The case of the petitioner is that the subject property was originally allotted to the petitioner, one Nagaraj, Ramesh, Umadevi and Usha and it was covered under patta No.574. The further case of the petitioner is that the respondents 3 to 5 have alienated nearly 6.25 acres in favour of respondents 6 to https://hcservices.ecourts.gov.in/hcservices/

8 by virtue of a sale deed dated 10.09.2020 which was registered on the file of the 2nd respondent. It is stated that the respondents 3 to 5 had absolutely no right to execute such a document since they have a right only to an extent of 0.33 cents each. The petitioner after coming to know about the sale deed executed by respondents 3 to 5, made a complaint before the 1st respondent on 9.10.2020 seeking to take action under sections 82 and 83 of the Registration Act. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the 1st respondent to consider the representation made by the petitioner on 9.10.2020 and conduct an enquiry by giving an opportunity to the petitioner and respondents 4 to 10. Final orders shall be passed strictly in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order.

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

s/d- Assistant Registrar True Copy Sub-Assistant Registrar Msr To

1. The District Registrar, Registration Department, Krishnagiri District, Krishnagiri.

2. The Sub Registrar, Registration Department, Shoolagiri, Krishnagiri District.

+1 CC to The Government Pleader, sr 40432.

+1 CC to Mr.K.Govi Ganesan, Advocate sr 40224. W.P.No.17668 of 2020 AJB(CO) SP(19/01/2021) https://hcservices.ecourts.gov.in/hcservices/