C.Ganesan v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2015

CORAM:

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.(MD)No.13435 of 2015 C.Ganesan ... Petitioner Vs.

1.The Secretary, The Government of Tamil Nadu, Registration Department, Fort St.George, Chennai.

2.The District Registrar, District Registration Office, Palani Taluk, Dindigul District.

3.The Sub Registrar, Vedasanthur Sub Registrar Office, Dindigul, Dindigul District.

... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider the petitioner's representation dated 10.07.2015 and the same to conduct the enquiry to take necessary action based on the Circular No.67, dated 03.11.2011 issued by the Inspector General of Registration and to cancel the fraudulent power deed and sale deed mentioned in the petitioner's representation dated 10.07.2015 within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.R.Sundar For Respondents : Mr.K.Guru, G.A.

ORDER

This Writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to consider the petitioner's representation dated 10.07.2015 and to conduct the enquiry for taking necessary action based on the Circular No.67, dated 03.11.2011 issued by the Inspector General of Registration and also to cancel the fraudulent power deed as well as the sale deed mentioned in the petitioner's representation dated 10.07.2015, within a time frame.

2.Mr.K.Guru, learned Government Advocate takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

https://hcservices.ecourts.gov.in/hcservices/ 3.Mr.R.Sundar, learned counsel appearing for the petitioner would submit that it would be suffice if the representation of the petitioner

dated 10.07.2015 is disposed of, by the respondents, in the light of Circular No.67, dated 03.11.2011 issued by the Inspector General of Registration and also on merits and in accordance with law within the time that may be stipulated by this Court.

4.Mr.K.Guru, learned Government Advocate appearing for the respondents would submit that the representation of the petitioner dated 10.07.2015 will be considered on merits and in accordance with law and also in the light of Circular 67, dated 03.11.2011. 5.In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondents 2 and 3 are directed to pass appropriate orders on the representation of the petitioner, dated 10.07.2015, as per Circular No.67, dated 03.11.2011 to cancel the fraudulent power deed as well as the sale deed mentioned in the petitioner's representation, on merits and in accordance with law, after giving notice to the petitioner as well as to the parties concerned, within a period of six weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd ASST REGISTRAR TRUE COPY SUB ASST REGISTRAR nbj To 1.The Secretary, The Government of Tamil Nadu, Registration Department, Fort St.George, Chennai.

2.The District Registrar, District Registration Office, Palani Taluk, Dindigul District.

3.The Sub Registrar, Vedasanthur Sub Registrar Office, Dindigul, Dindigul District.

1CC TO MR. R.SUNDAR, ADV SR: 43302 1CC TO THE SPL GP SR: 43600 RG 7 8 15 - 2P 6C W.P.(MD)No.13435 of 2015 31.07.2015 https://hcservices.ecourts.gov.in/hcservices/