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Madras High CourtWP(MD)/3719/2022disposed of

Kamaraj P v. The Inspector General Of Registration

2022-02-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Kamaraj ... Petitioner /Vs./ 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600028.

2.The District Registration Officer, O/o. The District Registrar, Tirunelveli.

3.The Sub-Registrar, Thisaiyanvilai Sub-Registrar Office, Thisaiyanvilai Town & District, Tirunelveli District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to consider the Petitioner's representation dated 24.07.2021 and conduct detail enquiry regarding transaction of Land property comprised in 127/5B3A1 and 127/6 in Karaichuthuputhur Revenue Village, Tisaiyanvilai Taluk, Tirunelveli District. For Petitioner : Mr.M.Kirubaharan For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the Petitioner's representation dated 24.07.2021 seeking for cancellation of the documents mentioned in the said representation and pass final orders, within a time frame to be fixed by this Court. 2.It is the case of the petitioner that the documents mentioned in his representation dated 24.07.2021 had been executed and registered fraudulently. Since the representation has not been considered till date, he has filed this writ petition. 3.Heard Mr.M.Kirubaharan, learned Counsel for the writ petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 1/3

4.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the first respondent has already forwarded the representation dated 24.07.2021 of the petitioner to the second respondent for holding an enquiry. The said statement is recorded.

5.Since the enquiry proceedings in the petitioner's representation has already been initiated, no prejudice will be caused to the respondents, if a direction is given to the second respondent to pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner as well as other necessary parties, whom the second respondent deems fit to enquire.

6.Accordingly, this Court directs the second respondent to pass final orders on the petitioner's representation dated 24.07.2021 seeking for cancellation of the documents mentioned in his representation, within a period of twelve [12] weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the persons, in whose names, the documents stand, including other necessary parties, if any, whom the second respondent so deems fit to enquire.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600028.

2/3

2.The District Registration Officer, O/o. The District Registrar, Tirunelveli.

3.The Sub-Registrar, Thisaiyanvilai Sub-Registrar Office, Thisaiyanvilai Town & District, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-9184[F] dated 01/03/2022 ) order made in Dated: 28.02.2022 kg(CO) TR(11.03.2022) 3P 5C 3/3