Madras High CourtWP/25104/2018disposed of

Amalorpavamary v. Inspector General,

2018-09-24Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.25104 of 2018 Amalorpavamary ... Petitioner Vs

1. Inspector General, Registration Department, No.100, Santhome Road, Mylapore, Chennai-600 028.

2. Sub Registrar, Sub Registrar Office, Thiruporur, Kanchipuram District-603 110.

3. The Tahsildar, Thiruporur, Kanchipuram District.

4. S.Rajamanickam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the second respondent to cancellation of documents under the Rule 116(a) of the Registration Act 1908 in the light of proceedings of the Tahsildar, Thiruporur dated 14.04.2018 Na.Ka.No.4070/2016-B-2 by the consideration of the petitioner's representation dated 17.07.2018.

For Petitioner : Mr.S.Arivazhagan For R1 & R2 : Mr.T.M.Pappiah Special Government Pleader For R3 : Mrs.P.Rajalakshmi Additional Government Pleader

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has come up with this writ petition seeking a direction to the second respondent for cancellation of documents under the Rule 116(a) of the Registration Act 1908 in the light of the proceedings of the Tahsildar, Thiruporur dated 14.04.2018 passed in Na.Ka.No.4070/2016-B-2 by considering her representation dated 17.07.2018.

3.According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 17.07.2018 claiming the relief as prayed in this writ petition, but, the said representation is yet to be disposed of by the respondents 1 to 3. Hence, the petitioner is before this Court. 4.Mr.T.M.Pappiah, learned Special Government Pleader taking notice for the respondents 1 and 2 and Mrs.P.Rajalakshmi, learned Additional Government Pleader taking notice for the third respondent, submitted that the respondents 1 to 3 be directed to consider the petitioner's representation and pass orders in accordance with law.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the second respondent to consider the petitioner's representation dated 17.07.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order. 6.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vga To

1. Inspector General, Registration Department, No.100, Santhome Road, Mylapore, Chennai-600 028.

2. Sub Registrar, Sub Registrar Office, Thiruporur, Kanchipuram District-603 110.

3. The Tahsildar, Thiruporur, Kanchipuram District.

+1cc to Mr.S.Arivazhagan, Advocate, S.R.No.66123 +1cc to the Government Pleader, S.R.No.66664 & 66673 W.P.No.25104 of 2018 CP(CO) CS/16/10/2018