← Library
Madras High CourtWP(MD)/4722/2022disposed of

Sarojini Achi.Mlm v. The Inspector General Of Registration

2022-03-17Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE MLM.Sarojini Achi .. Petitioner Vs 1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 28.

2.The District Registrar (Administration), (in the rank of Assistant Inspector General of Registration), Madurai North Registration District, Integrated Registration Department Campus, Thirumokur Salai, Rajakambeeram, Y-Othakadai, Madurai - 625 107.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent herein to conduct enquiry and pass order on the representation submitted by the petitioner, dated 18.10.2019, by following the Circular issued by the 1st respondent herein, dated 09.07.2021, in Letter No.20217/U1/2021, in connection with Section 68(2) & 83 of Registration Act, 1908, within time fixed by this Court. For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to conduct enquiry and pass order on the representation submitted by the petitioner, dated 18.10.2019, by following the Circular issued by the 1st respondent herein, dated 09.07.2021, in Letter No.20217/U1/2021, in connection with Section 68(2) & 83 of the Registration Act, 1908, within time fixed by this Court.

1/3

2.According to the petitioner, the sale deeds dated 24.07.1969 and 29.08.2019, have been fraudulently registered. 3.Mr.S.Shanmugavel, learned Additional Government Pleader, who accepts notice on behalf of the respondents, on instructions, would submit that the petitioner's representation, has already been acted upon and proceedings have already been initiated and the next date of enquiry is fixed on 21.03.2022. The same is recorded. 4.Since proceedings have already been initiated, no prejudice will be caused to the petitioner or the respondents or any other necessary parties, if the final orders are passed on the petitioner's representation dated 18.10.2019, after affording a fair hearing to the petitioner and any other necessary party, whom the second respondent deems fit to enquire, within a time frame to be fixed by this Court.

5.Accordingly, this Court directs the second respondent to pass final orders on the petitioner's representation, dated 18.10.2019, seeking for cancellation of the documents mentioned supra by following the Circular issued by the first respondent, dated 09.07.2021, in Letter No.20217/U1/2021, in connection with Section 68(2) & 83 of the Registration Act, 1908, within a period of ten weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner, including granting her the right of personal hearing and any other necessary party, whom the second respondent deems fit to enquire.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) 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, Santhome High Road, Mylapore, Chennai - 28.

2/3

2.The District Registrar (Administration), (in the rank of Assistant Inspector General of Registration), Madurai North Registration District, Integrated Registration Department Campus, Thirumokur Salai, Rajakambeeram, Y-Othakadai, Madurai - 625 107.

+1 CC to M/s.S.LAKSHMANASAMY, Advocate ( SR-12907[F] dated 18/03/2022 ) +1 CC to M/s.SPL GP ( SR-13016[F] dated 18/03/2022 ) 17.03.2022 TM MS/24.03.2022/3P.5C 3/3