S.Madheshwaran v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.12.2023 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.34124 of 2022 --- S.Madheshwaran, S/o Sellappan .. Petitioner Vs.
1. The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalaipuram, Chennai-600 028.
2. The District Registrar, Registration Department, Dharmapuri District.
3. The Sub-Registrar, Sub-Registration Office, Dharmapuri District.
4. The Assistant Engineer, National Highways (NH.7), Dharmapuri District.
5. P.Nagarajan .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 13.10.2022 for cancellation of sale deed in Document No.70/2014 executed at SRO (Joint-I), Dharmapuri, within a stipulated 1 / 4
time, on merits.
For petitioner : Mr.Krishnasamy Chinnasamy For respondents: Mr.Yogesh Kannadasan, Spl.G.P. for RR-1 to 4 Mr.V.Elangovan for R-5
ORDER
The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 13.10.2022 for cancellation of sale deed in Document No.70/2014 executed at SRO (Joint-I), Dharmapuri, within a stipulated time, on merits.
2. This writ petition is filed for simple writ of Mandamus and the learned counsel for the petitioner submitted that after acquiring the land, the fifth respondent is preventing him to reach his private land and he has also registered the document.
3. Learned counsel for the fifth respondent submitted that only the Registrar has no power to cancel the document and if at all there is any title dispute, it is for the civil Court to look into the matter.
4. The second respondent is directed to consider the said representation of 2 / 4
the petitioner, dated 13.10.2022, after giving notice to the petitioner and the fifth respondent and rival claimants/interested parties if any and thereafter conduct enquiry in the manner known to law and pass orders in accordance with law within a period of three months from the date of receipt of a copy of this order.
5. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs.
19.12.2023 cs To
1. The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalaipuram, Chennai-600 028.
2. The District Registrar, Registration Department, Dharmapuri District.
3. The Sub-Registrar, Sub-Registration Office, Dharmapuri District.
4. The Assistant Engineer, National Highways (NH.7), Dharmapuri District.
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P.VELMURUGAN, J cs W.P.No.34124 of 2022 19.12.2023 4 / 4