Balamuralidharan R v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Balamuralidharan ... Petitioner Vs.
1.The State of Tamil Nadu Rep by., The Director of Rural Development & Panchayat Raj, Directorate of Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.
2.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.
3.The District Collector, 4.The Deputy Inspector General of Registration, Tiruchirappalli Zone, 2nd Floor, Government Multipurpose Office Complex, Khajamalai, Tiruchirappalli - 20.
5.The District Registrar, Office of the District Registrar, Cantonment, Tiruchirappalli District.
6.The Assistant Director (Panchayats), Rural Development & Panchayat Raj Department, 7.The Regional Development Officer, Panchayat Union, 8.The Panchayat President, Madhavaperumalkovil Village Panchayat, 9.The Sub-Registrar, Sub-Registrar Office, Manachanallur, ... Respondents 1/4
P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to cancel the deed of the registered gift settlement deed, registered as Document No.2882/2011 dated 12.05.2011 in office of the 9th respondent / Sub-Registrar, Manachanallur as null and void and meaningless transaction and consequently direct the 9th respondent / Sub-Registrar, Manachanallur to delete the entry relating to the deed of gift settlement, dated 12.05.2011 registered as Document No.2822/2011 in their register.
For Petitioner : Mr.D.Selvanayagam For Respondents 1 to 6 & 9 : Mr.S.Shanmugavel Additional Government Pleader For Respondents 7 & 8 : Mr.P.Thambi Durai Government Advocate
O R D E R
*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to cancel the gift deed executed by the petitioner on 12.05.2011, registered as Document No.2882 of 2011, in favour of the eighth respondent on the ground that the purpose for which the land was gifted is no more there.
2.According to the petitioner, the aforementioned gift deed was executed by him when the petitioner was developing a lay out. Since the project did not materialise, the necessity for executing the gift deed for the purpose of laying a road is not there any more. In such circumstances, the petitioner has given representations on various dates to the respondents requesting them to cancel the gift deed dated 12.05.2011 registered as Document No.2882 of 2011. The last such representation was given on 02.09.2021. Since the representations have not been considered till date, the petitioner has filed this writ petition.
3.The petitioner had earlier given a representation to the sixth respondent on 02.09.2021. The District Registrar has sent a reply dated 23.02.2022 to the said representation. Since subsequent to the reply dated 23.02.2022 given by the District Registrar the petitioner has not given any representation to the sixth respondent, this Court directs the petitioner to give fresh representation to the sixth respondent.
4.For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the sixth respondent, requesting for cancellation of the gift deed dated 12.05.2011 registered as Document No.2882 of 2011, within a period of one [1] week from the date of receipt of a copy of this order. On receipt of the said representation, the sixth respondent shall pass final orders on merits and in accordance with law after affording a fair hearing to 2/4
the petitioner including granting him the right of personal hearing within a period of twelve [12] weeks, thereafter. 5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Director of Rural Development & Panchayat Raj, Directorate of Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.
2.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.
3.The District Collector, 4.The Deputy Inspector General of Registration, Tiruchirappalli Zone, 2nd Floor, Government Multipurpose Office Complex, Khajamalai, Tiruchirappalli - 20.
5.The District Registrar, Office of the District Registrar, Cantonment, Tiruchirappalli District.
6.The Assistant Director (Panchayats), Rural Development & Panchayat Raj Department, 7.The Regional Development Officer, Panchayat Union, 3/4
8.The Panchayat President, Madhavaperumalkovil Village Panchayat, 9.The Sub-Registrar, Sub-Registrar Office, Manachanallur, +1 CC to M/s.D.SELVANAYAGAM, Advocate (SR-17632[F] dated 08/04/2022) +1 CC to M/s.SPL.GP ( SR-17838[F] dated 11/04/2022 ) ORDER MADE IN 08.04.2022 RS (19.05.2022) 4P-12C 4/4