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Madras High CourtWP/27893/2019disposed of

Jackson Jaiprakash Joseph v. The Sub-Registrar

2022-02-01Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.27893 of 2019 and W.M.P.No.27465 of 2019 Jackson Jaiprakash Joseph ... Petitioner vs.

1.The Sub-Registrar, Kundrathur Sub-Registrar Office, NGS Enclave, Manickam Salai, Kundrathur, Chennai - 600 069.

2.V.Jayalakshmi 3.V.Banumathi 4.N.Swernalatha ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to conduct the enquiry based on the representation dated 26.07.2019 given by the petitioner and to cancel the illegal Power of Attorney Document Nos. 4653/2016 and 4654/2016 on the file of the 1st respondent, executed by the 3rd and 4th respondents in favour of the 2nd respondent and two sale deeds registered as sale deed document Number 6141/2009 and document Number 6140/2009 in favour of the 3rd and 4th respondents in respect of 311 Sq.ft UDS each comprised in S.No.135/1, situated at No.1, Andavar Nagar Second Street, Thiruverkadu Village, Thiruverkadu, Poonamallee Taluk, Thiruvallur District. For Petitioner : Mr.A.E.Ravichandran For Respondents : Mr.Yogesh Kannadasan Special Government Pleader For R2 to R4 : No Appearance

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the 1st respondent to conduct the enquiry based on the representation dated 26.07.2019 given by the petitioner and to cancel the illegal Power of Attorney Document Nos. 4653/2016 and 4654/2016 on the file of the 1st respondent, executed by the 3rd and 4th respondents in favour of the 2nd respondent and two sale deeds registered as sale deed document Number 6141/2009 and document Number 6140/2009 in favour of the 3rd and 4th respondents in respect of 311 Sq.ft UDS each comprised in S.No.135/1, situated at No.1, Andavar Nagar Second Street, Thiruverkadu Village, Thiruverkadu, Poonamallee Taluk, Thiruvallur District.

2. The petitioner submitted representation dated 26.07.2019 before the 1st respondent to cancel the Power of Attorney executed by the 2nd respondent in favour of the 3rd and 4th respondents herein registered vide Document Nos.6141/2009 and 6140/2009 in respect of the property comprised in S.No.135/1 admeasuring to an extent of 311 sq.ft, undivided share situated at No.1, Andavar Nagar Second Street, Thiruverkadu Village, Thiruverkadu, Poonamallee Taluk, Thiruvallur District. However, the 1st respondent has no power to enquire any complaint regards fraudulent transaction and as such, the direction sought for in this writ petition cannot be granted.

3. However, the petitioner is at liberty to make fresh application before the District Registrar concerned within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the concerned District Registrar is directed to consider and dispose the same, after issuance of notice to the petitioner and 2nd to 4th respondents and after giving opportunity of hearing to them, pass orders on merits and in accordance with law.

4. With the above direction, this writ petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

dm To The Sub-Registrar, Kundrathur Sub-Registrar Office, NGS Enclave, Manickam Salai, Kundrathur, Chennai - 600 069.

+1cc to the Government pleader Sr.6904 W.P.No.27893 of 2019 ajb[co] srg 22/02/2022