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Madras High CourtWP/26929/2018disposed of

S.Palanisamy v. The Sub Registrar

2018-10-11Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.26929 of 2018 and WMP.No.31292 of 2018 S.Palanisamy ..Petitioner ..vs..

1. The Sub-Registrar, Office of the Sub-Registrar, Ganapathy, Coimbatore.

2. Santhalingam .. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 30.09.2018.

For Petitioner : Mr.P.Mathivanan For Respondents : Mr.T.M.Pappiah (Registration) Special Government Pleader

O R D E R

Mr.T.M.Pappiah, learned Special Government Pleader takes notice for the first respondent.

2. By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.

3. This Writ Petition has been filed seeking for a direction to the first respondent to consider the petitioner's representation dated 30.09.2018.

4. The grievance of the petitioners is that they made a representation dated 30.09.2018 to the first respondent not to register any document in respect of the petitioner's property, since the second respondent is trying to encumber or alienate his property, based on the patta fraudulently obtained. But, no https://hcservices.ecourts.gov.in/hcservices/

action has been taken on the said representation till date. Hence, the petitioner has come forward with this Writ Petition seeking for the aforesaid relief.

5. The learned counsel appearing for the petitioner submitted that the representation of the petitioner dated 30.09.2018, may be directed to be disposed of by the first respondent, on merits and in accordance with law, within a stipulated period.

6. The learned Special Government Pleader who takes notice on behalf of the first respondent submitted that the first respondent would consider and pass orders on the representation of the petitioner, within a stipulated period, as directed by this Court.

7. Considering the facts and circumstances of the case and also considering the submissions made, this Court directs the first respondent to consider the representation of the petitioner, dated 30.09.2018 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the petitioner, the second respondent and any of the interested parties.

8. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar arr To The Sub-Registrar, Office of the Sub-Registrar, Ganapathy, Coimbatore.

+1 CC to Mr.P. Mathivanan, Advocate sr 71040. W.P.No.26929 of 2018 KAN(CO) SP(09/11/2018) https://hcservices.ecourts.gov.in/hcservices/