M.Bushan Kumar v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.28729 of 2022 M.Bushan Kumar ... Petitioner Vs.
1.The Inspector General of Registration, Santhome, Chennai - 28.
2.The Deputy Inspector General of Registration, Salem.
3.The District Registrar, Krishnagiri.
4.The Sub Registrar, Soolagiri.
5.Vijaya ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first respondent to conduct an enquiry on the appeal preferred by the petitioner on 08.08.2022 within time frame.
For Petitioner :
R.Poornima For Respondents :
Mr.C.Kathiravan, Page No.1 of 7
Special Government Pleader
O R D E R
The petitioner has filed this petition for issuance of Writ of Mandamus directing the first respondent to conduct an enquiry on the appeal preferred by the petitioner on 08.08.2022 within time frame.
2. With the consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. Since no adverse is being passed against the fifth respondent, notice to the fifth respondent is dispensed with.
4. The case of the petitioner is that the property comprised in S.Nos.4/2, 4/3A, 4/4B1, 30 situated in Mettubandhanpalli Taluk, Soolagiri Taluk and the lands in S.Nos.74/8A, 74/1B, 74/5 & 74/2 in Immidinayaganhalli Village, Soolagiri District were the self-acquired properties of petitioner's parents. The property stood in the name of petitioner's mother was plotted out and sold during her life time and remaining portion was given to petitioner's son viz., Sudhakar under Page No.2 of 7
settlement deed dated 06.02.2009. During the life time of petitioner's parents, all the children were given share over the properties. This being so, Vijaya, 5th respondent filed a suit in O.S.No.32 of 2006 seeking for partition. Pending the suit, she has filed another suit in O.S.No.84 of 2010 before the Additional District Court, Krishnagiri seeking for similar relief, however, the said suits were dismissed on the ground that she has no share or right over the property. Challenging the same, the 5th respondent preferred an appeal before this Court in A.S.No.548 of 2017 and this Court vide its order dated 28.04.2022 dismissed the same. Thereafter, the fifth respondent engaged in alienating the property and the same was entertained by the fourth respondent. 4.1. The petitioner made a representation dated 12.09.
2020 before the third respondent seeking for cancelling the document executed by 5th respondent, however, the third respondent passed an order dated 30.03.2021 stating that they do not have powers to cancel the registered instrument. Aggrieved over the same, the petitioner preferred an appeal before the second respondent and the same was rejected on 22.07.2022. Challenging the said order, the petitioner preferred another appeal before the first respondent on 08.08.2022, however, till date, no enquiry was conducted. Hence, this writ Page No.
petition.
5. Learned counsel for the petitioner would submit that it would suffice if this Court issues direction to the first respondent to conduct enquiry on the appeal preferred by the petitioner on 08.08.2022 within a time frame that may be fixed by this Court.
6. Learned Special Government Pleader appearing for the respondents has no objection for the said direction being passed by this Court.
7. Heard the learned counsel on either side and perused the materials placed on record.
8. Considering the facts and circumstances, this Court without going into the merits of the case, directs the first respondent to pass orders on the petitioner's appeal dated 08.08.2022 after affording reasonable opportunity of hearing to the petitioner as well as the 5th respondent, within a period of six weeks from the date of receipt of a copy of this order. Page No.4 of 7
9. With the aforesaid direction, this writ petition is disposed of. No costs.
01.11.2022 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The Inspector General of Registration, Santhome, Chennai - 28.
2.The Deputy Inspector General of Registration, Salem.
3.The District Registrar, Krishnagiri.
4.The Sub Registrar, Soolagiri.
Page No.5 of 7
M.DHANDAPANI,J.
vm Page No.6 of 7
01.11.2022 Page No.7 of 7