Sethuramayee Murugavel, v. The Sub-Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12157 of 2018 Sethuramayee Murugavel ... Petitioner -VsThe Sub-Registrar, O/o.The Sub-Registrar, Bodinayakanur, Theni District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to dispose of the petitioner's representation dated 15.02.2018, by following due process of law, within stipulated time fixed by this Court.

For Petitioner : Mr.S.Ayyanar Premkumar For Respondent : Mr.V.Anand, Government Advocate.

ORDER

Heard Mr.S.Ayyanar Premkumar, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate, who takes notice on behalf of the respondent.

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 her representation dated 15.02.2018 to delete the entry of the earlier registeration of the cancellation deed dated 20.11.2000 in Document No.3411/2000 in the encumbrance book, has not been considered by the respondent till date and therefore, she has filed the present writ petition.

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.

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5.In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioner's representation dated 15.02.2018 on its own merits and take further action in accordance with law, within a period of eight 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 any other persons, who may be interested in the subject property.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Sub-Registrar, O/o.The Sub-Registrar, Bodinayakanur, Theni District.

+1cc to Mr.S.Ayyanar Premkumar, Advocate Sr.No.67695 +1cc to SPECIAL GOVERNMENT PLEADER, Sr.No.67378 Myr MK/SV MMS/SAR 1/18.06.2018/2P/4C W.P.(MD)No.12157 of 2018 07.06.2018 https://hcservices.ecourts.gov.in/hcservices/