N.K.Sekar v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.15627 of 2015 N.K.Sekar ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai.

2.The State Public Information Officer, Registration Department, No.100, Santhome High Road, Foreshore Estate, Chennai.

3.The District Registrar, District Registration Office, Trichy.

...

Respondents This Writ Petition has been filed under Article 226 of Constitution of India praying for a Writ of Mandamus, directing the respondents herein to rectify the recitals in the Sale deed document No.442/2006, dated 08.02.2006 in so far as page No.7 of the sale deed within the time limit fixed by this Hon'ble Court by considering the representation, dated 16.02.2015 given by the petitioner in File No.59269/C1/14, within the time frame fixed by this Court.

For petitioner : Mr.AL.Kannan For Respondents : Mr.K.Maheshraja Govt. Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus, directing the respondents herein to rectify the recitals in the Sale deed document No.442/2006, dated 08.02.2006 in so far as page No.7 of the sale deed, by considering the representation, dated 16.02.2015 given by the petitioner in File No.59269/C1/14.

2. Mr.K.Mahesh Raj, learned Government Advocate takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up final disposal.

4. In the affidavit filed support of the Writ Petition, it has been averred that the petitioner had purchased the property situated at S.No.282/2 Part, Door No.27/1, Vivekananda Nagar, Melakalkandarkottai, Alanthur Village, Trichy District, measuring 1245 sq.ft., from one J.Jeyaprakash S/o.A.Jagadeesan power agent of K.John Antony Samy, https://hcservices.ecourts.gov.in/hcservices/

S/o.S.P.Kuzhanthaisami for a valuable sale consideration, by document No.442/2006. Thereafter, he is in possession and enjoyment of the property. Subsequently, the petitioner found that the original sale deed was missing and he has applied for certified copy and obtained the same. On perusal of the said document, the entire line was deleted in the certified copy which is vital recital in the sale deed. Hence, the petitioner has given a complaint on 17.03.2014 to the third respondent, but he has not taken any steps. Again, he has given a complaint, dated 24.12.2014 and the same was kept pending. Hence, the petitioner has given a representation to the second respondent on 20.03.2015 under Right to Information Act and enquired about the complaint dated 16.02.2015. The second respondent by his proceedings dated 21.04.2015 replied that the complaint given by the petitioner was taken and the same was pending and no order was passed. Since the same was not disposed of till date, the petitioner has come forward with this Writ petition for the above stated relief.

5. Considering the facts and circumstances of the case, without going into the merits of the case, this Court directs the respondents to consider the representation of the petitioner dated 16.02.2015 and pass appropriate orders on the same on merits and in accordance with law with regard to rectify the recitals in the Sale deed document NO.442/2006, dated 08.02.2006 in so far as page No.7 of the sale deed, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court is not expressing any opinion on the merits of the claim made by the petitioner.

6. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar am To 1.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai.

2.The State Public Information Officer, Registration Department, No.100, Santhome High Road, Foreshore Estate, Chennai.

3.The District Registrar,District Registration Office, Trichy.

+1CC to Spl.Government Pleader Sr.No.50038 +1CC to Mr.A.L.Kannan, Advocate Sr.No.49853 GJM/NGM/SS/9.9.15-3P-6C W.P(MD).No.15627 of 2015 28.08.2015 https://hcservices.ecourts.gov.in/hcservices/