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Madras High CourtWP/28471/2021disposed of

M. Muthusamy v. The District Registrar

2022-01-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WP.NO.28471 OF 2021 AND WMP.NO.30064 OF 2021 M.Muthusamy

...Petitioner

Vs

1. The District Registrar, District Registrar Office(Admn.) Krishnagiri, Krishnagiri District.

2. The Sub Registrar, O/o.Sub Registrar Office, Kelamangalam, Krishnagiri District.

3. Suresh

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to hold enquiry in connection with Sections 82 & 83 of the Registration Act, 1908 by cancel the sale deed registered in favour of the third respondent made in document No.8266 of 2020 dated on the file of the second respondent herein, bearing survey No.569/1B and New Sub Division survey No.569/1B1B and New Sub Division Survey No.569/1B1B1 and patta No.568, measuring about 7848 sq.ft. situated at Kothagondapalli Village, Hosur Taluk, Krishnagiri District by considering the representation of the petitioner dated 09.03.2021 in accordance with law.

For Petitioner :

M/s.S.Archana For Respondents For R1 & 2 :

Mr.Yogesh Kannadasan, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

This writ petition is filed for direction directing the first respondent to hold enquiry in connection with Sections 82 & 83 of the Registration Act, 1908 by cancelling the sale deed registered in favour of the third respondent made in document No.8266 of 2020 on the file of the second respondent herein, bearing survey No.569/1B and New Sub Division survey No.569/1B1B and New Sub Division Survey No.569/1B1B1 and patta No.568, measuring about 7848 sq.ft. situated at Kothagondapalli Village, Hosur Taluk, Krishnagiri District by considering the representation of the petitioner dated 09.03.2021 in accordance with law.

2. Without expressing any opinion on merits of the writ petition, the first respondent is directed to conduct enquiry on the complaint lodged by the petitioner dated 09.03.2021 and, after issuance of notice to the petitioner and the third respondent and giving them opportunity of hearing, pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

3. With the above direction, this writ petition is disposed of. No order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar lok To

1. The District Registrar, District Registrar Office(Admn.) Krishnagiri, Krishnagiri District.

2. The Sub Registrar, O/o.Sub Registrar Office, Kelamangalam, Krishnagiri District.

+1cc to M/s.P.S.Jayanthi, Advocate, S.R.No.1015 +1cc to the Government Pleader, S.R.No.1638 WP.No.28471 of 2021 GPL(CO) RLP(11/02/2022) https://hcservices.ecourts.gov.in/hcservices/