Palaniammal.G v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE G.Palaniammal ... Petitioner vs.

1.The Inspector General of Registration, Department of Registration, Santhome Road, Chennai.

2.The District Registrar, Registration Department, District Registrar Office, Dindigul.

3.The Sub Registrar, Sub Registrar Office, Vadamadurai, Dindigul District.

4.Alli Rani 5.A.Kumaresan 6.S.Annandan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent/the District Registrar, Dindigul, to conduct an enquiry over the Registration of two documents ie., Doc.No.4090/2020 dated 16.10.2020 and Doc.No.2855/2021, dated 25.06.2021 registered by the third respondent and considering the petitioner's representation, dated 20.10.2021.

For Petitioner : Mr.S.Sivakumar For R1 to R3 : Mr.S.Shanmugavel Additional Government Pleader *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent to conduct an enquiry over the registration of two documents ie., Doc.No.4090/2020 dated 16.10.2020 and Doc.No.2855/2021, dated 25.06.2021 registered by the third respondent based on the petitioner's representation, dated 20.10.2021 within a time frame to be fixed by this Court. 1/3

2.Heard Mr.S.Sivakumar, learned Counsel for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 to 3. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.The case of the petitioner is that the aforementioned documents have been fraudulently registered and they need to be cancelled. She has given a representation on 20.10.2021 to the second respondent seeking for cancelation of the aforementioned documents. Since the said representation has not been considered till date, the petitioner has approached this Court. 4.No prejudice will be caused, if the petitioner's representation, dated 20.10.2021 is considered on merits after hearing all the necessary parties, who may be affected by the cancellation.

5.Accordingly, this Court directs the third respondent to consider the petitioner's representation, dated 20.10.2021 seeking for cancellation of two documents, namely, Doc.No.4090/2020 dated 16.10.2020 and Doc.No.2855/2021, dated 25.06.2021 registered by the third respondent and pass final orders on merits and in accordance with law after hearing all the necessary parties including the persons, who may be affected by the cancellation, within a period of twelve weeks from the date receipt of a copy of this order. It is made clear that the petitioner will have to provide all the necessary documents sought by the third respondent to enable the third respondent to consider the representation, dated 20.10.2021. 6.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Inspector General of Registration, Department of Registration, Santhome Road, Chennai.

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2.The District Registrar, Registration Department, District Registrar Office, Dindigul.

3.The Sub Registrar, Sub Registrar Office, Vadamadurai, Dindigul District.

+1 CC to M/s.S.SIVA KUMAR, Advocate ( SR-5849[F] dated 14/02/2022 ) 11.02.2022 RK(25/02/2022) 3P 5C 3/3