Manickam v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14525 of 2018 Manickam ... Petitioner vs.

1. The Sub Registrar, Kujliyamparai, Vedasandur Taluk, Dindigul District.

2.Murugesan 3.Chandra ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus to direct the first respondent to cancel the expired sale agreement dated 20.11.2003 under Document No.720 / 2003 from the encumbrance certificate and with regard to land in Survey No.339/1A to an extent of 2 Acre 10 cents situated Lanthakottai Village, Vedasandur Taluk, Dindigul District based on the petitioner's representation dated 26.03.2018.

For Petitioner : Mr.G.Gomathi Sankar For R1 : Mr.M.Murugan, Government Advocate

O R D E R

Mr.M.Murugan, learned Government Advocate, takes notice for the first respondent. Notice to the respondents 2 and 3 is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 26.03.2018 seeking to direct the first respondent to cancel the expired sale agreement dated 20.11.2003 under Document No.720 / 2003 from the encumbrance certificate and with regard to land in Survey No.339/1A to an extent of 2 Acre 10 cents situated Lanthakottai Village, Vedasandur Taluk, Dindigul District, has not been considered by the first respondent till date and therefore, he has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 26.03.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the respondents 2 and 3 and any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The Sub Registrar, Kujliyamparai, Vedasandur Taluk, Dindigul District.

+1cc to Mr.G.Gomathi Sankar , Advocate SR.No.71602 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.71691 Pnn MK/RP/SAR 1/13.07.2018/2P/4C W.P.(MD) No.14525 of 2018 06.07.2018 https://hcservices.ecourts.gov.in/hcservices/