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Madras High CourtWP/28395/2021disposed of

N.Venkatesanchettiar v. The Chief Secretary,

2022-01-07Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.28395 OF 2021 AND W.M.P.NOS.29987 & 29988 OF 2021 N.Venkatesan Chettiar, Managing Trustee, Shri Muthunagar Chetti Anna Chatiram, Govinda Salai, Venkat Nagar, Puducherry - 605 011 ... Petitioner .Vs.

1. The Chief Secretary, The Government of Puducherry, Puducherry.

2. The District Collector, The Department of Revenue and Disaster Management, The Government of Puducherry, Saram, Puducherry.

3. The District Registrar, The Sub-Registrar Office, Saram, Puducherry.

4. The Sub-Registrar, The Sub-Registrar Office, Saram, Puducherry.

5. V.Ravi

6. R.Amutha

7. Arjun ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus, calling for the records pertaining to calling for the records of 4th respondent pertaining to settlement deed in document

No.8286/2021 dated 26.03.2021 in favour of one R.Arjun the 7th respondent herein registered on the file of the 4th respondent and quash the same as illegal and consequently direct the 4th & 5th respondents herein to remove the entry of settlement deed in document No.8286/2021 dated 26.03.2021 from their records within the time frame that may be stipulated by this Court. For Petitioner :

Mr.Giri Nagu Kumar For R1 to R4 :

Mr.J.Kumaran Additional Government Pleader

ORDER

This Writ Petition has been filed for issuance of writ of certiorarified mandamus, calling for the records pertaining to call for the records of 4th respondent pertaining to settlement deed in document No.8286/2021 dated 26.03.2021 in favour of the 7th respondent herein registered on the file of the 4th respondent and quash the same as illegal and consequently direct the 4th & 5th respondents herein to remove the entry of settlement deed in document No.8286/2021 dated 26.03.2021 from their records within the time frame that may be stipulated by this Court.

2. Heard, Mr.Giri Nagu Kumar, learned counsel appearing for the petitioner and Mr.J.Kumaran, learned Additional Government Pleader appearing for the respondents 1 to 4.

3. The petitioner challenged the settlement deed dated 26.03.2021 registered vide document No.8286 of 2021 by the respondents 5 to 7 herein. If it is a fraudulent deed of conveyance, the petitioner can very well make a complaint before the third respondent in accordance with law.

4. Considering the above, the petitioner is at liberty to lodge a fresh complaint before the third respondent as against the illegal execution of settlement deed within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the third respondent is directed to issue notice to the petitioner and the respondents 5 to 7 and conduct enquiry by giving them an opportunity of hearing and pass orders on merits and in accordance with law within a period of twelve weeks thereafter.

5. With the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Lpp To 1.

The Chief Secretary, The Government of Puducherry, Puducherry.

2.

The District Collector, The Department of Revenue and Disaster Management, The Government of Puducherry, Saram, Puducherry.

3.

The District Registrar, The Sub-Registrar Office, Saram, Puducherry.

4.

The Sub-Registrar, The Sub-Registrar Office, Saram, Puducherry.

+1cc to the Government Pleader for Puducherry, S.R.No.1908 W.P.NO.28395 OF 2021 AND W.M.P.NOS.29987 & 29988 OF 2021 MT(CO) PBS/21/02/2022