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Madras High CourtWP/33922/2018disposed of

P.Britto v. The Inspector General Of Registration

2019-01-24Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33922 of 2018 P.Britto .. Petitioner Vs.

1. The Inspector General of Registration, Registration Department, 100, Santhome High Road, Chennai - 600 028.

2. The Deputy Inspector General of Registration, Registration Department, Block - III, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.

3. The District Registrar, District Registrar Office, Thenkasi, Tirunelveli District.

4. The Sub Registrar, Veerasigamani Sub Registrar Office, Veerasigamani, Sankarankoil Taluk, Tirunelveli District.

5. Michaelraj

6. Francis .. Respondents PRAYER: The Writ Petition has been filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 4 to consider the petitioner's representation dated 02.11.2018 by cancelling Document Nos.522 of 2007, 2250 of 2017 and 665 of 2018 on the file of the 4th respondent.

For Petitioner : M/s.T.Starlin Gnandadhas For Respondent Nos.1 to 4 : Mr.T.M.Pappiah Special Government Pleader For Respondent Nos.5 & 6 : No appearance

O R D E R

The instant Writ Petition has been filed for issuance of a Writ of Mandamus to direct respondent Nos. 1 to 4 to consider the petitioner's representation dated 02.11.2018.

2. According to the learned counsel appearing for the petitioner, the petitioner has given a representation dated 02.11.2018 before the authorities concerned for cancelling Document Nos.522 of 2007, 2250 of 2017 and 665 of 2018 on the file of the 4th respondent/Sub Registrar, Veerasigamani, Sankarankoil Taluk, but, the same is yet to be disposed of by respondent Nos.1 to 4.

3. It is further stated by the learned counsel appearing for the petitioner that the 3rd respondent/District Registrar, Thenkasi, Tirunelveli, has already initiated action and has sent notice fixing the date of hearing on 23.01.2019 in memo Na.Ka.No.5087/A2/2018, dated 26.11.2018. The respondent Nos.5 and 6 are brothers and though the 6th respondent was served, he has not appeared before this Court either through counsel or in person.

4. Heard Mr.T.M.Pappiah, learned Special Government Pleader appearing for respondent Nos.1 to 4.

5.Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the 3rd respondent/District Registrar, Thenkasi, Tirunelveli District, to consider the petitioner's representation dated 02.11.2018 and pass appropriate orders on or before 31.03.2019, on merits and in accordance with law, after issuing notice to the petitioner and respondent Nos.5 to 6 and also affording them an opportunity of personal hearing.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar asi To

1. The Inspector General of Registration, Registration Department, 100, Santhome High Road, Chennai - 600 028.

2. The Deputy Inspector General of Registration, Registration Department, Block - III, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.

3. The District Registrar, District Registrar Office, Thenkasi, Tirunelveli District.

4. The Sub Registrar, Veerasigamani Sub Registrar Office, Veerasigamani, Sankarankoil Taluk, Tirunelveli District.

+3cc to Mr.T.Starlin Gnandadhas, Advocate, S.R.No.5720 +1cc to the Government Pleader, S.R.No.6482 W.P.No.33922 of 2018 GSP(12/02/2019)