Mohana Sundaram v. Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.20837 of 2021 Mohana Sundaram
...Petitioner
Vs 1.Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai - 600 028.
2.District Registrar, District Registrar Office Chengalpattu, 10, Kanchipuram Main Road, Chengalpattu - 603 002.
3.The Sub Registrar, Office of Cheyyur SRO, No.3/156, Salt Road, Cheyyur - 603 302.
4.Selvi 5.Shanmugasundaram 6.Gokulasundaram
...Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second and third respondents to dispose the petitioner's representation dated 30.08.2021 by following the procedural law in pertaining to the settlement deeds (Doc.Nos.1950 of 2021 & 1951 of 2021) in favour of 4 to 6 respondents on the file of the third respondents and cancel the same as illegal and consequently direct the official respondents herein to remove or endorse the entry of fraudulent settlement deeds in the above said document numbers, dated 07.07.2021 from their records and also restrain the respondents 4 to 6 from in any manner dealing with this petitioner's ancestral properties at Chithamur Village, Cheyyur Sub Registration District, Chennai District Registration without knowledge to this petitioner.
For Petitioner :
Mr.Gokul Rao For Respondents :
Mr.Yogesh Kannadasan Special Government Pleader (for R1 to R3) :
Mr.A.Thirumaran (for R4 to R6)
ORDER
This writ petition is filed to issue a Writ of Mandamus, directing the second and third respondents to dispose of the petitioner's representation dated 30.08.2021, by following the procedural law pertaining to the settlement deeds (Doc.Nos.1950 of 2021 & 1951 of 2021) in favour of the respondents 4 to 6 on the file of the third respondent and cancel the same as illegal and consequently direct the official respondents herein to remove or endorse the entry of fraudulent settlement deeds in the above said document numbers, dated 07.07.2021 from their records and also restrain the respondents 4 to 6 from in any manner dealing with this petitioner's ancestral properties at Chithamur Village, Cheyyur Sub Registration District, Chennai District Registration, without the knowledge to the petitioner.
2. The petitioner is challenging the settlement deeds executed by his father fraudulently without any right over the property. However, they were pending on the file of the second respondent for consideration.
3. Considering the facts and circumstances of the case, the second respondent is directed to conduct enquiry on the petitioner's representation dated 30.08.2021, after issuance of notice to the petitioner and the respondents 4 to 6 and after giving an opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
4. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar kv
To 1.Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai - 600 028.
2.District Registrar, District Registrar Office Chengalpattu, 10, Kanchipuram Main Road, Chengalpattu - 603 002.
3.The Sub Registrar, Office of Cheyyur SRO, No.3/156, Salt Road, Cheyyur - 603 302.
+1cc to Mr.A.Thirumaran, Advocate SR. No.67214 +2ccs to Mr.Gokul Rao, Advocate SR. No.67309 +1cc to Government Pleader SR. No.68284 W.P.No.20837 of 2021 RSV (CO) PR (04/01/2022)