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Madras High CourtWP/555/2023disposed of

M.P.Angappan v. The District Registrar (Admin)

2023-01-09Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.555 of 2023 M.P.Angappan ....

Petitioner -Vs1.The District Registrar (Admin) South Chennai, Saidapet, Chennai.

2.The Sub Registrar Tambaram, Chennai.

3.Mr.L.Ganesan 4.Mr.S.P.Raja 5.Mrs.K.Tamilselvi ....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent No.1 to consider the representation dated 18.07.2022 of the petitioner within time frame fixed by this Honorable Court and direct the respondent no.1 to cancel the above said General Power of Attorney dated 06.03.1995 registered as Doc. No. 145/1995 Sale Deed dated 03.11.2000 registered as Doc. No. 4992/2000 and Sale Deed dated 05.04.2007 registrered as Doc. No. 3785/2007 on the file of respondent No.2 executed based on the impersonated N.Govindasamy as illegal invalid and void ab-initio.

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For Petitioner : Mr.R.Sankarakutralingam For Respondents : Mr.P.Sathish Additional Government Pleader - for RR 1 and 3 Notice dispensed with - for RR 3 to 5

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondent No.1 to consider the representation dated 18.07.2022 of the petitioner within time frame fixed by this Honorable Court and direct the respondent no.1 to cancel the above said General Power of Attorney dated 06.03.1995 registered as Doc. No. 145/1995 Sale Deed dated 03.11.2000 registered as Doc. No. 4992/2000 and Sale Deed dated 05.04.2007 registrered as Doc. No. 3785/2007 on the file of respondent No.2 executed based on the impersonated N.Govindasamy as illegal invalid and void ab-initio.

2. On 18.07.2022, the petitioner has given a complaint-cum-representation to the 1st respondent District Registrar to cancel the documents which have been registered at the 2nd respondent Registrar Office and in order to consider the same, the present writ petition has been filed.

3. Heard the learned counsel for the petitioner and Mr.P.Sathish, learned 2 / 4

Additional Government Pleader appearing for the official respondents. In view of the order that is going to be passed in this writ petition, notice to the private respondents is hereby dispensed with.

4. Learned Additional Government Pleader would submit that, since the representation has been given to the 1st respondent under Section 77-A of the Registration Act, the same would be considered and decided on merits after hearing both sides within a time frame that may be stipulated by this Court.

5. Considering the said submission, this Court is inclined to dispose of this writ petition with the following order:

"That there shall be a direction to the 1st respondent to consider the complaint / representation of the petitioner dated 18.07.2022 within the meaning of Section 77-A of the Registration Act and pass necessary orders after giving an opportunity of being heard to both the petitioner as well as the private respondents, within a period of eight weeks from the date of receipt of a copy of this order."

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R. SURESH KUMAR, J.

KST

6. With the above direction, this writ petition is disposed of. No costs. 09.01.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 1.The District Registrar (Admin) South Chennai, Saidapet, Chennai.

2.The Sub Registrar Tambaram, Chennai.

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