S.Vivek v. Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.11.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.40638 of 2016 S.Vivek .. Petitioner Vs.

1.Inspector General of Registration, Santhome High Road, Chennai.

2.The District Registrar (Admin.), Chennai North, Chennai.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent herein to pass the final order on petition dated 07.10.2014 bearing Reference No.9288/M5/2014 based on the enquiry conducted by the second respondent and pass necessary orders as per the Circular No.67 dated 03.11.2011 (C.No.52338/C1/2011) of the second respondent herein within a time frame to be fixed by this Court.

For Petitioner : Mr.A.R.L.Sundaresan Senior Counsel for Mr.D.Sathyaraj For Respondents : Mr.Digvijaypandian Additional Government Pleader

O R D E R

Heard Mr.A.R.L.Sundaresan, learned Senior Counsel for the petitioner and Mr.Digvijaypandian, learned Additional Government Pleader for respondents, in the above writ petition. By consent of the learned counsel for both sides, the writ petition is taken up for final disposal.

2.The petitioner purchased 101 cents of land comprised in S.No.610/2 and 610/5A at Vallur Village, Thiruvallur District, by seven sale deeds dated 25.08.2008, 15.10.2009 and 12.03.2010 from various vendors. Thereafter, he approached the revenue

authorities to change the records to his name but the same were changed to some other third party. Therefore, he took steps to cancel the patta and the Zonal Revenue Officer, Ponneri Division, after thorough enquiry cancelled the patta on 10.02.2010 issued in favour of third party. The petitioner also preferred a police complaint against the third party. According to the petitioner, he made a petition dated 07.10.2014 to the second respondent to cancel the above said sale deeds under Circular No.67, dated 03.11.2011 (C.No.52338/C1-2011) but till date no action has been taken and hence, the Writ Petition has been filed.

3.The learned Senior Counsel appearing for the petitioner would submit that the petitioner would be satisfied, if his petition is directed to be considered and appropriate orders are passed as expeditiously as possible.

4.Mr.Digvijaypandian, learned Additional Government Pleader for the respondents has got no serious objection for directing the second respondent, who is the competent authority to consider the petition of the petitioner and pass appropriate orders, on merits and in accordance with law. 5.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the second respondent, to consider the petition of the petitioner, dated 07.10.2014 and pass appropriate orders, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sri

To 1.The Inspector General of Registration, Santhome High Road, Chennai.

2.The District Registrar (Admin.), Chennai North, Chennai.

+1cc to Mr.D. Sathyaraj, Advocate, S.R.No.66802 +1cc to the Government Pleader, S.R.No.67533 BR(CO) EU(09/12/2016) W.P. No.40638 of 2016