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Madras High CourtWP/44097/2016disposed of

Venkatesappa, v. The Inspector General Of

2016-12-22Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 44097 of 2016 Venkatesappa .. Petitioner Vs.

1 The Inspector General of Registration 100, Santhome High Road, Chennai 600 0028.

2 The Additional Inspector General of Registration, Salem.

3 The District Registrar, Krishnagiri.

4 The Sub Registrar Shoolagiri.

5 A.R.Harshavardhan Kumar .. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 17.10.2016 and pass orders in accordance with law and also in view of the circular No.67 dated 03.11.2011 in C.No.52338/C1/2011 for cancellation of fraudulent sale deed dated 30.01.2015 registered as Doc.No.353 of 2015 at S.R.O. Shoolagiri within the time to be stipulated by this Hon'ble Court For Petitioner : Mr.R.Bharath Kumar For RR 1 to 4 : Mr. R.Rajeswaran Special Govt. Pleader

O R D E R

Heard Mr.R.Bharath Kumar, learned counsel appearing for the petitioner and Mr.R.Rajeswaran, learned Special

Government Pleader appearing on behalf of the respondents.

2. By consent, the writ petition itself is taken up for final hearing, in view of the limited prayer.

3. The petitioner has come up with the present writ petition praying to direct the respondent to consider the representation of the petitioner dated 17.10.2016 and pass orders in accordance with law and also in view of the circular No.67 dated 03.11.2011 in C.No.52338/C1/2011 for cancellation of fraudulent sale deed dated 30.01.2015 registered as Doc.No.353 of 2015 at S.R.O. Shoolagiri.

4. Learned counsel for the petitioner submitted that the petitioner made the representation dated 17.10.2016 to the District Registrar, stating that one K.Ananda Kumar fraudulently purchased the aforesaid property and the sale deed on the file of 4 th respondent was registered under Registration No.634 dated 13.02.2015, one Nanjamma and 5 others by furnishing false information over the said property had fraudulently sold the said property to one Mr.A.R.Harshavardhan Kumar/5 th Respondent herein under a sale deed dated 30.01.2015 registered as Document No.353/2015. Hence, the petitioner has come up with this writ petition.

5. Learned Special Government Pleader submitted that if the said representation dated 17.10.2016 made by the petitioner is in order, the same would be considered by the respondents, in accordance with law.

6. Considering the facts and circumstances of the case, without expressing any opinion on merits, the second respondent is directed to consider the representation of the petitioner dated 17.10.2016, if it is otherwise in order, in accordance with law, by giving a reasonable opportunity to the parties concerned and pass possible, not later than four months from the date of receipt of a copy of this order.

7. The Writ Petition is disposed of, on the above terms. No costs.

sd/ Assistant Registrar(CS VI) /true copy/ Sub Assistant Registrar

To 1 The Inspector General of Registration 100, Santhome High Road, Chennai 600 0028.

2 The Additional Inspector General of Registration, Salem.

3 The District Registrar, Krishnagiri.

4 The Sub Registrar Shoolagiri.

+1cc to Mr.R.Bharathkumar, Advocate, SR.No.76254. W.P. No. 44097 of 2016 EV(CO) GN(31/01/2017)