M.Velmurugan v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M. Velmurugan

...Petitioner

Vs.

1. The District Collector, Krishnagiri, G67C+PMF, New Pet, Krishnagiri. Tamil Nadu 635 001.

2. The Sub-Registrar, Krishnagiri.

3. The Tahsildhar, Krishnagiri District

4. Mr. Subramani

5. Thiruppathi Gounder

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to dispose of the petition presented on 16.02.2022 and to initiate criminal action against the 4th and 5th respondents under 83 of the Registration Act and pass orders. 1/5

For Petitioner : Mr.V. Raghavachari For Respondents1-3 : Mr.E. Vijay Anand AGP

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to dispose of the petition presented on 16.02.2022 and to initiate criminal action against the 4th and 5th respondent under 83 of the Registration Act.

2. The learned Additional Government Pleader takes notice for the respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. Since, no adverse order is being passed as against the private respondents, notice to the private respondents are dispensed with.

4. The case of the petitioner is that the property comprised in 558/2F1 situated in Agasippali Village, krishnagiri, admeasuring 0.700 acres was owned by the petitioner's father/Mr.Kannupaiyan. After the demise of the 2/5

said Kannupaiyan petitioner, his mother and his sister became legal heirs. Whileso 4th and 5th respondents herein created bogus death certificate and sold the property. Therefore, the petitioner made a representation before the first respondent on 16.02.2022. Pursuant to which summons were issued to the petitioner on 10.06.2022 to appear with the relevant documents and the petitioner also appeared for the enquiry. However, till date no action was taken. 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 first respondent to consider the petitioner's representation dated 16.02.2022 and pass appropriate orders within a reasonable time fixed by this Court.

6. The learned Additional Government Pleader appearing on behalf of the official respondents submitted that the petitioner's representation dated 16.02.2022 will be considered on merits and in accordance with law. 3/5

7. Considering the limited request made by the petitioner, this Court is inclined to direct the first respondent to conduct enquiry and pass appropriate orders on the petitioner's representation dated 16.02.2022 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.

29.09.2022 Speaking Order : Yes/ No Index : Yes/ No smn To

1. The District Collector, Krishnagiri, G67C+PMF, New Pet, Krishnagiri. Tamil Nadu 635 001.

2. The Sub-Registrar, Krishnagiri.

3. The Tahsildhar, Krishnagiri District 4/5

M.DHANDAPANI,J.

smn 29.09.2022 5/5