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Madras High CourtWP/5444/2017disposed of

D.Pathipooranam v. The Inspector General Of

2022-01-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2022

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.5444 of 2017 D.Pathipooranam ... Petitioner Vs 1.The Inspector General of Registration, Santhome, Mylapore, Chennai 600 004 2.The Deputy Registrar, Saidapet, Chennai 600 015 3.The Sub Registrar, Neelankarai, Chennai 4.Janakiraman 5.J.Pradeep 6.Sathish Kumar ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to cancel the Registration of Settlement Deed Doc.No.2352 of 2016 dated 01.04.2016 and consequential rectification deed doc.No.4840 of 2016 dated 30.06.2016 registered at third respondent office by considering the representation of the petitioner dated 04.01.2017. For Petitioner : Mr.M.R.Jothimanian for Mr.K.Balu For Respondents R1 to 3 : Mr.Yogesh Kannadasan, Special Government Pleader R4 to 6 : No Appearance (MR.J.Arul Prakasam)

ORDER

This writ petition is filed for direction directing the third respondent to cancel the Registration of Settlement Deed Doc.No.2352 of 2016 dated 01.04.2016 and consequential rectification deed doc.No.4840 of 2016 dated 30.06.2016 registered at third respondent office by considering the https://hcservices.ecourts.gov.in/hcservices/

representation of the petitioner dated 04.01.2017.

2. Heard, Mr.M.R.Jothimanian, the learned counsel for the petitioner, and Mr.Yogesh Kannadasan, Special Government Pleader appearing for respondents 1 to 3.

3. The petitioner challenged the settlement deed executed by the fourth respondent in favour of the fifth respondent by the complaint dated 04.01.2017 before the respondents 1 to 3 herein. The competent authority to enquire the complaint is the District Registrar.

4. Considering the above, the petitioner is at liberty to make fresh complaint before the District Registrar concerned challenging the fraudulent deed of conveyance executed by the fourth respondent within a period of two weeks from the date of receipt of copy of this order. On receipt of the same, the District Registrar concerned is directed to issue notice to the petitioner and respondents 4 to 6 herein and, after giving them opportunity of hearing, pass orders on merits and in accordance with law, within a period of twelve weeks thereafter.

5. With the above directions, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar lok To 1.The Inspector General of Registration, Santhome, Mylapore, Chennai 600 004.

2.The Deputy Registrar, Saidapet, Chennai 600 015.

3.The Sub Registrar, Neelankarai, Chennai.

+1cc to Mr.K.Balu, Advocate SR.No.4166 +1cc to Government Pleader SR.No.4698(26/05/2022) WP.No.5444 of 2017 RSI(CO) GMY(31/01/2022) https://hcservices.ecourts.gov.in/hcservices/