P.Velumani v. District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI P.Velumani

...Petitioner

Vs.

1.

The District Registrar, District Registration Office, Tiruppur District.

2.

Thangavel 3.

Duraisamy 4.

Madhankumar 5.

Lakshmi 6.

Varadharaj

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider petitioner's representation dated 28.02.2022 and to pass order for cancellation of sale deed.

For Petitioner : Mr.A.Kumar For Respondents : Mr.E.Vijay Anand, AGP, for R1 1/6

: Mr.V.S.Kesavan, for R2 to R6

ORDER

The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the 1st respondent to dispose of the petitioner's representation dated 28.02.2022.

2. The case of the petitioner is that he made a complaint / representation dated 28.02.20222 before the 1st respondent, seeking to cancel the fraudulent deeds executed in between the private respondents in respect of the subject property. Though on receipt of the said representation, the 1st respondent issued a summon dated 02.05.2022, directing both the parties to appear for enquiry on 15.05.2022 along with the necessary documents, however, till date, the said proceedings initiated by the 1st respondent is not concluded and no final order has been passed on the petitioner's representation dated 28.02.2022. Hence, this Writ petition.

3. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to 2/6

the 1st respondent to conclude the proceedings initiated by him, after receipt of the petitioner's representation dated 28.02.2022, as expeditiously as possible.

4. Learned Additional Government Pleader appearing for the 1st respondent submitted that, on receipt of the petitioner's representation dated 28.02.2022, the 1st respondent issued a summon dated 02.05.2022 to both the parties and conducted preliminary enquiry on 17.05.2022 and subsequently a letter was sent to both the parties, directing them to appear on 19.09.2022 for further enquiry. Further, he fairly submitted that, after conducting detailed enquiry in between the parties, final order will passed on the petitioner's representation dated 28.02.2022, after affording an opportunity to the petitioner as well as the private respondents.

5. Learned counsel appearing on behalf of the private respondents has no serious objection for the said order being passed and he submitted that, opportunity may be given to the private respondents to substantiate their contentions, before concluding the proceedings. 3/6

6. In view of the limited relief sought for by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the 1st respondent to conduct enquiry in between the petitioner and the private respondents and conclude the proceedings initiated by him within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and the private respondents.

7. This Writ petition is accordingly disposed of. No costs. 12.10.2022 skt Index : Yes/No Speaking order : Yes/No To:

The District Registrar, District Registration Office, Tiruppur District.

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M.DHANDAPANI, J.

skt 5/6

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