Muthusamy .R v. The District Registrar, (Administration)

W.P.[MD]No.5786 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.5786 of 2022 R.Muthusamy ... Petitioner Vs.

1.The District Registrar (Administration), District Registrar Office, Jeyankondam Road, Ariyalur, Ariyalur District.

2.The District Registrar (Administration), District Registrar Office, Trichirapalli, Trichirapalli District.

3.The Sub Registrar, Sub Registrar Office, Registration Department, Taluk Office Campus, Thuraiyur, Trichy - 621 010.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to cancel the sale deed Document No.5871/2021 dated 14.09.2021 registered by the third respondent as illegal by disposing petitioner's appeal petition dated 31.01.2022. For Petitioner : Mr.D.Selvanayagam For Respondents : 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 first respondent to cancel the sale deed registered as Document No.5871 of 2021 dated 14.09.2021 based on the petitioner's representation dated 31.01.2022 within a time frame to be fixed by this Court.

2.The petitioner has given the aforementioned representation stating that the aforementioned sale deed has been registered fraudulently. It is a detailed representation. There are several parties against whom allegations have been levelled by the petitioner in his representation dated 31.01.2022. All those parties will have to be heard before the first respondent passes final orders on the petitioner's representation.

3.Admittedly, the said representation of the petitioner has not been considered till date. No prejudice would be caused to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.5786 of 2022 respondents if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner as well as to all the parties against whom the petitioner has levelled allegations in his representation dated 31.01.2022.

4.Accordingly, this Court directs the first respondent to consider the petitioner's representation dated 31.01.2022 seeking for cancellation of the sale deed registered as Document No.5871 of 2021 dated 14.09.2021, after affording a fair hearing to the petitioner as well as to all the parties against whom the petitioner has levelled allegations in his representation dated 31.01.2022 and also granting them personal hearing if they so seek and pass final orders within a period of four [4] months from the date of receipt of a copy of this order.

5.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The District Registrar (Administration), District Registrar Office, Jeyankondam Road, Ariyalur, Ariyalur District.

2.The District Registrar (Administration), District Registrar Office, Trichirapalli, Trichirapalli District.

3.The Sub Registrar, Sub Registrar Office, Registration Department, Taluk Office Campus,Thuraiyur, Trichy - 621 010.

+1 CC to M/s.D.SELVANAYAGAM, Advocate (SR-15830[F] dated 31/03/2022) +1 CC to M/s.SPL GP ( SR-16047[F] dated 01/04/2022 ) ORDER MADE IN W.P.[MD]No.5786 of 2022 31.03.2022 RS (07.04.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2