Muniyasamy .M v. The District Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Muniyasamy .. Petitioner Vs 1.The District Registrar, Office of the District Registrar, Ramanathapuram, Ramanathapuram District.
2.The Sub Registrar, Kadaladi Sub Registration Office, Kadaladi, Ramanathapuram District.
3.Muruganantham 4.Balasubramaniam 5.Kalaiselvan 6.Eswari .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first and second respondents to consider the petitioner's representation, dated 26.02.2022 and to take necessary action in accordance with law, within the time stipulated by this Court.
For Petitioner : Mr.Banuprasath for Mr.V.Selvakumar For Respondents : Mr.J.John Rajadurai for R1 and R2 Government Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the first and second respondents to consider the petitioner's representation, dated 26.02.2022, requesting them to cancel the following documents on the ground that the same have been executed and registered fraudulently.
a) document No.101/2022 and 102/2022 dated 18.02.2022, registered in the Office of the Sub Registrar, Kadaladi.
b) Document No.100/2022, registered in the Office of the Sub Registrar, Kadaladi.
c) Document No.55/2022, registered in the Office of the Sub Registrar, Kadaladi.
2.It is the contention of the petitioner that the petitioner and his predecessors in title have been in enjoyment of the aforementioned properties and they are in possession of the same for a long number of years. According to the petitioner, a fraud has 1/3
been played upon him by the respondents 3 to 6 by getting the aforementioned documents executed in their favour. In such circumstances, he has given a representation, dated 26.02.2022, seeking for cancellation of the aforementioned documents, to the first and second respondents. Since the said representations have not been considered till date, the petitioner has filed this writ petition.
3.Heard Mr.Banuprasath, learned counsel appearing for the petitioner and Mr.J.John Rajadurai, learned Government Advocate, who accepts notice on behalf of the respondents 1 and 2. 4.No prejudice will be caused to the respondents 1 and 2, if the petitioner's representation referred to supra is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the respondents 4 to 6 and any other necessary party, whom the first respondent deems fit to enquire. 5.Accordingly, this Court directs the first respondent to consider the petitioner's representation, dated 26.02.2022, requesting the first respondent to cancel the documents mentioned supra, after affording a fair hearing to the petitioner and the respondents 3 to 6 and any other necessary party, whom the first respondent deems fit to enquire, within a period of three months from the date of receipt of a copy of this order. 6.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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 District Registrar, Office of the District Registrar, Ramanathapuram, Ramanathapuram District.
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2.The Sub Registrar, Kadaladi Sub Registration Office, Kadaladi, Ramanathapuram District.
+1 CC to M/s.SPL GP ( SR-13001[F] dated 18/03/2022 ) 17.03.2022 MGJ(28.03.2022) 3P 4C 3/3