K.Maheshwari v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR K.Maheshwari ... Petitioner Vs 1.The Inspector General of Registration Office of Inspector General of Registration, No.100, Santhome Highways, Chennai - 600 028.

2.The Deputy Executive Engineer, Registration Department (Incharge), Office of Inspector General of Registration Chennai - 600 028.

3.The Sub-Registrar, The Sub-Registrar Office, Dadagapatti, No.9/60, Trichy Main Road, RSV Thottam, Seelanaicken Patti, Salem - 636 201.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to consider the representation dated 17.03.2022 given by the petitioner and in view of the representation to appoint any competent officer other than the 2nd respondent to assess the property in R.S.Nos.103/3, 103/5 and 103/5C situated at N.C.B.GARDEN, Nilavarapatti Village, Salem Taluk and District.

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For Petitioner : Mr.P.Tamilvel For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The prayer sought for herein is for a writ of mandamus directing the 1st respondent to consider the representation dated 17.03.2022 given by the petitioner and in view of the representation to appoint any competent officer other than the 2nd respondent to assess the property in R.S.Nos.103/3, 103/5 and 103/5C situated at N.C.B.GARDEN, Nilavarapatti Village, Salem Taluk and District.

2. In order to re-assess the property in question with regard to the Document No.3044/2020 on the file of the 3rd respondent, the petitioner had given a representation on 17.03.2022 and in order to consider the same, the petitioner has moved the present writ petition.

3. Heard Mr.P.Tamilvel, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents.

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4. The learned Additional Government Pleader for the respondents would submit that, the petitioner seeks a plea to appoint a fresh assessor to assess the property in question of the petitioner for the purpose of valuing the property other than the 2nd respondent who already assessed the same and given a report.

5. If the petitioner has got a grievance right over the 2nd respondent and in this context, if he wants another assessor to be appointed for assessing the same, that request of the petitioner would be considered and decided by the 1st respondent on merits and in accordance with law within a time frame that may be stipulated by this Court.

6. Considering the said submissions made by both sides and having regard to the said submission made by the learned Additional Government Pleader for the respondents, this Court is inclined to dispose of this writ petition with the following order: There shall be a direction to the 1st respondent to consider the representation of the petitioner dated 17.03.2022 and pass orders thereon on merits and in accordance with law within a period of four weeks from the 3/5

date of receipt of a copy of this order.

7. With this direction, this Writ Petition is disposed of. No costs. 19.12.2022 Index : Yes/No Speaking Order : Yes/No Sgl To 1.The Inspector General of Registration Office of Inspector General of Registration, No.100, Santhome Highways, Chennai - 600 028.

2.The Deputy Executive Engineer, Registration Department (Incharge), Office of Inspector General of Registration Chennai - 600 028.

3.The Sub-Registrar, The Sub-Registrar Office, Dadagapatti, No.9/60, Trichy Main Road, RSV Thottam, Seelanaicken Patti, Salem - 636 201.

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R.SURESH KUMAR, J.

Sgl 19.12.2022 5/5