Madras High CourtWP/32744/2016disposed of

R.Uthayarajan v. The District Registrar

2016-09-20Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2016 C O R A M THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM WP.No.32744 of 2016 R.Uthayarajan ..

Petitioner

Versus

1.The District Registrar, (Administration), District Registrar Office, Chengalpet Taluk, Kancheepuram District.

2.The Sub Registrar, Cheyur, Kanchipuram District.

3.S.Padma @ S.Padmashi ..

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the 1st respondent herein to consider the complaint made by the petitioner herein on 15.08.2016 to cancel the fraudulent and bogus settlement deed dated 10.12.2014 bearing Doc.No.4144 of 2014, on the file of Sub-Registrar, Cheyur by invoking circular No.67 dated 03.11.2011 of the Inspector General of Registration, Chennai.

For Petitioner ...

Mr.V.P.Sengottuvel For R1&R2 ...

Mr.A.N.Thambi Durai, Spl.GP

ORDER

Heard Mr.V.P.Sengottuvel, learned counsel for the petitioner ; and Mr.A.N.Thambi Durai, learned Special Government Pleader appearing for the respondents 1 and 2; and with their consent, the writ petition is taken up for final disposal. The petitioner, in this writ petition, seeks for issuance of a writ of mandamus to direct the respondent 1st respondent herein to consider the complaint made by the

petitioner herein on 15.08.2016 to cancel the fraudulent and bogus settlement deed dated 10.12.2014 bearing Doc.No.4144 of 2014, on the file of Sub-Registrar, Cheyur by invoking circular No.67 dated 03.11.2011 of the Inspector General of Registration, Chennai.

The grievance of the petitioner is that the complaint given to the 1st respondent dated 10.08.2015 for cancellation of Settlement Deed dated 10.12.2014 by exercising his powers conferred on the first respondent vide Circular No.67, dated 03.11.2011, has not been considered till date and matter is kept pending. From the copy of the complaint dated 15.08.2015, is is seen that the office of the 1st respondent has received the same on 12.08.2015, vide the seal affixed on the said complaint. But, it is not known as to why the matter is kept pending by the first respondent. However, since the Writ Petition is disposed of without notice to the third respondent, the merits of the allegations made in the petitioner's complaint are not gone into and it is left open to be decided by the 1st respondent.

Mr.A.N.Thambi Durai, learned Special Government Pleader appearing for the respondents 1 and 2 submits that reasonable time may be granted to the first respondent to take action in accordance with law.

In the light of the above, there will be a direction to the first respondent to consider the complaint dated 10.08.2015, issue notice to the petitioner and to the third respondent and to all other persons who are likely to be aggrieved and conduct enquiry into the matter and pass orders on merit in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, if there is no other legal impediment.

The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nvi/AP

To 1.The District Registrar, (Administration), District Registrar Office, Chengalpet Taluk, Kancheepuram District.

2.The Sub Registrar, Cheyur, Kanchipuram District.

1 cc to Mr.V.P.Sengottuvel, Advocate, sr.58875 WP.No.32744/2016 pur co kra 29.09.2016