Indrani v. The Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.7587 of 2022 Indrani ... Petitioner /Vs./
1. The Inspector General of Registration, No.100, Santhom High Road, Chennai-28.
2. The District Registrar (Administration), Palani, Dindigul District.
3. The Sub Registrar, Vadamadurai Sub Registrar's Office, Vadamadurai, Dindigul District.
4. Andichamy
5. Lakshmi ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent to conduct an enquiry and pass appropriate orders as per circular of the Inspector General of Registration, Chennai in Circular No.41530/U1/2017, dated 08.11.2017 on the basis of representation of the petitioner dated 14.02.2022. For Petitioner : Mr.K.Arunraj For R1 to R3 : Mr.J.John Rajadurai, Government Advocate.
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the 2nd respondent to conduct an enquiry and pass appropriate orders as per circular of the Inspector General of Registration, Chennai, dated 08.11.2017 on the basis of the representation of the petitioner dated 14.02.2022, seeking cancellation of the sale deed dated 27.10.2021 within a time frame to be fixed by this Court.
2.According to the petitioner, the fourth respondent is her father. It is contended by the petitioner that the fifth 1/3
respondent is not a legally wedded wife of the fourth respondent. According to the petitioner, the fourth respondent has illegally executed a sale deed in favour of the fifth respondent on 27.10.2021. It is also contended by the petitioner that the subject property is an ancestral property and the fourth respondent does not have legal right to execute a sale deed on his own. In such circumstances, the petitioner has given a representation on 14.02.2022 seeking for cancellation of the aforementioned document and for initiation of appropriate legal action against the respondents 4 and 5. Since the said representation has not been considered till date, this writ petition has been filed.
3.Heard Mr.K.Arunraj, learned Counsel for the writ petitioner and Mr.J.John Rajadurai, learned Government Advocate who accepts notice on behalf of the respondents 1 to 3.
4.No prejudice would be caused to the second respondent, 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 the respondents 4 and 5, any other necessary party, whom the second respondent deems fit to enquire. 5.The petitioner has also filed delivery reports to prove that the representation dated 14.02.2022 sent by her has been duly received by the official respondents.
6.For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's representation dated 14.02.2022 in terms of the Circular issued by the Inspector General of Registration, Chennai, dated 08.11.2017, after affording a fair hearing to the petitioner as well as the respondents 4 and 5, and any other necessary party, whom the second respondent deems fit to enquire, within a period of twelve
(12) weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar(RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 2/3
To
1. The Inspector General of Registration, No.100, Santhom High Road, Chennai-28.
2. The District Registrar (Administration), Palani, Dindigul District.
3. The Sub Registrar, Vadamadurai Sub Registrar's Office, Vadamadurai, Dindigul District.
+1 CC to M/s.SPL.GOVERNMENT PLEADER ( SR-20474[F] dated 22/04/2022 ) +1 CC to M/s.K.ARUNRAJ, Advocate ( SR-20855[F] dated 25/04/2022 ) W.P.[MD]No.7587 of 2022 21.04.2022 SP/11/05/2022/3P/6C 3/3