G.Prema v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM G. Prema W/o. C. Gopi.
... Petitioner Vs
1. The Inspector General of Registration, Tamil Nadu State Registration Department, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Nagar, Chennai-28.
2. The District Registrar (Administration), Tiruvallur Registration District, J.V.C. Complex (near Vedinga Nallur Village), Tiruvallur - 602 001.
3. The Sub-Registrar, Sub-Registrar Office, Redhills, Chennai-52.
4. Manigandan S/o. Arunachalam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to conduct enquiry and to dispose of the petitioner's representation dated 16.08.2022 and respondents 1 to 3 to order cancellation of the Sale Deeds namely (1) Doc. No.7713/2022 dated 13.06.2022; (2) Doc. No.8987/2022 &
Doc. 8988/2022 both dated 07.07.2022; (3) Doc. No.9297/2022 & Doc. 9903/2022 both dated 13.07.2022, all registered before the 3rd respondent by the 4th respondent in respect of the petition property being agricultural lands comprised in Survey No.72/5, measuring Hectare 0.59.00 acres, Survey No.72/10, measuring Hectare 0.12.50 acres, in all totally measuring Hectare 0.71.50 acres (i.e.,) Acre 1.76 cents lands situated in Sendrambakkam Village, Tiruvottiyur Taluk, Tiruvallur District by giving an opportunity of personal hearing to the petitioner within a time frame as fixed by this Court. For Petitioner : Mr. E. Prabu For Respondents : Mr. P. Sanjay Gandhi, Government Advocate.
O R D E R
The relief sought for in the present writ petition is to direct the respondents 1 and 2 to conduct enquiry and dispose of the petitioner's representation dated 16.08.2022 and the respondents 1 to 3 to order cancellation of sale deed.
2. General relief sought for based on the representation sent to six different authorities cannot be construed as proper appeal. The statutory appeals are to be submitted to the competent authority in the manner contemplated by raising factual and legal grounds.
3. Learned counsel for the petitioner states that the representation was submitted to cancel the document registered in a fraudulent manner in
violation of the judgment and decree passed in a civil suit.
4. While so, the petitioner has to submit a proper application before the competent authority under Section 77A of the Registration Act seeking cancellation of the documents by conducting an enquiry.
5. High Court in the event of issuing a direction to dispose of the representation which was addressed to several authorities, none of the authorities may be in a position to consider the same. Therefore, the petitioner is at liberty to submit a fresh appeal to the competent authority in the prescribed manner under section 77A of the Registration Act and on receipt of any such appeal from the petitioner, the competent authority shall consider the same and conduct an enquiry and dispose of the same.
6. With the above direction, this writ petition stands disposed of. No costs.
20.09.2023 nl Index : Yes Speaking order
To
1. The Inspector General of Registration, Tamil Nadu State Registration Department, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Nagar, Chennai-28.
2. The District Registrar (Administration), Tiruvallur Registration District, J.V.C. Complex (near Vedinga Nallur Village), Tiruvallur - 602 001.
3. The Sub-Registrar, Sub-Registrar Office, Redhills, Chennai-52.
S.M.SUBRAMANIAM, J.
nl 20.09.2023