Krishanan v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.09.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Krishnan ... Petitioner Vs.

1. The District Registrar, District Registrar , Tirupathur. Vellore District.

2. The Sub- Registrar, Natrampalli Sub-Registration Office, Tirupathur District.

3. Jaya

4. Sagunthala

5. Peruma

6. Sujatha ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st respondent to dispose of petitioner's representation dated 28.07.2022 to cancel the sale deed executed by the respondents 3 to 5 in favour of the 6th respondent in Doc.No.910 of 2010 dated 21.04.2010 on the file of the 2nd respondent by affording opportunity of person hearing within stipulated period and pass orders.

For Petitioner : Mr. M.Sathish Kumar For Respondents : Mr.C. Kathiravan Special Government Pleader

O R D E R

By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. Since no adverse orders are passed against the 4th respondent notice to the 4th respondent is dispensed with.

3. This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the first respondent herein to consider petitioner's representation dated 28.07.2022 and pass orders.

4. The case of the petitioner is that he has inherited the subject property from his ancestors and he is doing agriculture in the subject land. While so, the Respondents 3 to 5 who have no right over the subject property allegedly executed the sale deed in favour of the 6th respondent and the 6th respondent obtained pattta in his favour. Hence the petitioner preferred a

representation before the District Collector who conducted and enquiry and passed an order cancelling the patta issued in favour of the 6th respondent. Challenging the same the 6th respondent had preferred the injunction suit before the Sub Court, Tirupathur, Tirupathur District in O.S.No.242 of 2022. Thereafter, the petitioner also filed a representation before the 1st Respondent on 28.07.2022 to cancel the alleged sale deed. However, till date no orders have been passed. Hence, this writ petition is filed with the aforesaid prayer.

5. The learned counsel appearing for the petitioner submitted that the it would suffice, if this Court issues direction to the respondent to consider the petitioner's representation dated 28.07.2022 and pass appropriate orders within a reasonable time fixed by this Court.

6. The learned Additional Government Pleader appearing on behalf of the respondent submitted that the petitioner's representation dated 28.07.2022 will be considered by the respondent within a reasonable time fixed by this Court.

7. In view of the above facts it is seen that the 6th respondent had filed a Injunction before the Sub Court, Tirupathur, Tirupathur District in

O.S.No.242 of 2022 and the petitioner has also filed a representation before the first respondent. However, considering the limited request made by the petitioner, this Court is inclined to direct the 1st respondent to consider the petitioner's representation dated 28.07.2022 and pass appropriate 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.

8. With the above terms, this present writ petition is disposed of. No costs.

27.09.2022 Index: Yes/ No Internet: Yes/No smn To.

1. The District Registrar, District Registrar , Tirupathur. Vellore District.

2. The Sub- Registrar, Natrampalli Sub-REgistration Office, Tirupathur District.

M.DHANDAPANI,J.

smn W.P.No. 25808 of 2022 27.09.2022