Madras High CourtWP/31541/2023disposed of

K.Umapathy v. The Inspector General Registration

2023-11-02Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN K.Umapathy ... Petitioner Vs.

1. The Inspector General of Registration Office of the Inspector General Registration No.100, Santhome Main Road, Pattinapakkam, Chennai - 28

2. The District Registrar Office of the District Registrar No.52, Oorikkai Mathura Udayamangalam Village Kancheepuram District

3. The Sub Registrar Office of the Sub Registrar Walajabad Kancheepuram District

4. S.Jennifer Margret ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus directing the respondents 2 and 3 to conduct enquiry based on the petitioner's representation dated 24.07.2023 and direct 1/5

to return the petitioner's original and parent documents bearing document Nos.5999 of 2012 and 6000 of 2012 dated 17.10.2012 by cancelling the pending sale proceeding No.PP 380/2022 dated 14.11.2022. For Petitioner : M/s.Meera Gnanasekar For Respondents : MrYogesh Kannadasan Special Government Pleader for R1 to R3

ORDER

This Writ Petition is filed for a writ of Mandamus directing the respondents 2 and 3 to conduct enquiry based on the petitioner's representation dated 24.07.2023 and direct to return the petitioner's original and parent document bearing document Nos.5999 of 2012 and 6000 of 2012 dated 17.10.2012 by cancelling the pending sale proceeding No.PP 380/2022 dated 14.11.2022.

2.Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that though the petitioner appeared before the respondents based on the summon dated 01.08.2023, thereafter, there was no progress and the enquiry is yet to be commenced. Hence, the learned counsel 2/5

seeks a direction to the respondents 2 and 3 to consider the representation of the petitioner within a stipulated time.

3.Mr.Yogesh Kannadasan, learned Special Government Pleader, who accepts notice for the respondents 1 to 3 submitted that the respondents 2 and 3 may be directed to consider the petitioner's representation dated 24.07.2023 and pass orders on merits in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents 2 and 3 to consider the representation of the petitioner dated 24.07.2023 and conduct enquiry and pass orders on merits and in accordance with law, after issuing notice to the petitioner as well as the 4th respondent and all the interested parties/rival claimants if any. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

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5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 02.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No To

1. The Inspector General of Registration\ Office of the Inspector General Registration No.100, Santhome Main Road, Pattinapakkam, Chennai - 28

2. The District Registrar Office of the District Registrar No.52, Oorikkai Mathura Udayamangalam Village Kancheepuram District

3. The Sub Registrar Office of the Sub Registrar Walajabad Kancheepuram District 4/5

P.VELMURUGAN. J.

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