Jaithunbeebee 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 W.P.No.33954 of 2022 and W.M.P.No.33441 of 2022 Jaithunbeebee ... Petitioner Vs 1.The Inspector General of Registration, Santhome High Road, Raja Annamalai Puram, Chennai - 600 028.
2.The District Registrar, Office of the District Registrar, Sungu Pettai, Perambalur - 621 212.
3.The Joint Sub-Registrar 1, Perambalur.
4.K.Rajendren 5.C.Raja ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to cancel the sale deed dated 05.11.2022 registered as document No.7141 of 2022 on the file of the 3rd respondent by disposing of the petitioner's representation dated 25.11.2022 and reminder representation dated 05.12.2022 in light of Section 77-A of Tamil Nadu Registration Act, 1908.
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For Petitioner : Mr.M.Sudhan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1 to R3
O R D E R
The prayer sought for herein is for a writ of mandamus directing the 2nd respondent to cancel the sale deed dated 05.11.2022 registered as Document No.7141 of 2022 on the file of the 3rd respondent by disposing of the petitioner's representation dated 25.11.2022 and reminder representation dated 05.12.2022 in light of Section 77-A of Tamil Nadu Registration Act, 1908.
2. In respect of the document in Document No.7141 of 2022 dated 05.11.2022 which is a sale deed on the file of the 3rd respondent, the petitioner had given a complaint on 05.12.2022 to the respondents to cancel the same, as according to the petitioner it is a fraudulent document within the meaning of Section 77-A of the Registration Act.
3. In order to consider the said representation, the petitioner has moved the present writ petition.
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4. Heard Mr.M.Sudhan, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents 1 to 3.
5. The learned Special Government Pleader would submit that, the said complaint given by the petitioner to the respondents would be considered by the 2nd respondent who is the concerned authority under Section 77-A of the Act and pass orders thereon after enquiry within a time frame that may be stipulated by this Court.
6. Having regard to the said submission made by the learned Special Government Pleader for the official respondents, this Court is inclined to dispose of this writ petition with the following order: There shall be a direction to the 2nd respondent to consider the complaint given by the petitioner dated 05.12.2022 and after enquiring the same by giving notice to the petitioner as well as the persons against whom such complaint has been given i.e. the private respondents herein, decide the same on merits and in accordance with 3/5
law within a period of eight weeks from the date of receipt of a copy of this order.
7. With this direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 19.12.2022 Index : Yes/No Speaking Order : Yes/No Sgl To 1.The Inspector General of Registration, Santhome High Road, Raja Annamalai Puram, Chennai - 600 028.
2.The District Registrar, Office of the District Registrar, Sungu Pettai, Perambalur - 621 212.
3.The Joint Sub-Registrar 1, Perambalur.
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R.SURESH KUMAR, J.
Sgl 19.12.2022 5/5