Madras High CourtWP(MD)/8763/2022disposed of

Andrew.S v. The District Registrar

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.8763 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.8763 of 2022 S.Andrew ... Petitioner vs.

1.The District Registrar, Tenkasi District, Tenkasi. 2.The Sub Registrar, Sankarankovil Tenkasi District. 3.R.Gopalasubramanian 4.M.Muthulakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to complete the enquiry under section 68/2 of Registration Act and pass appropriate orders based on the representation dated 06.09.2021 within a stipulated by this Court. For Petitioner : Mr.K.P.Sankarakumarakuruparan For R1 and R2 : Mr.J.John Rajadurai Government Advocate *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to complete the enquiry under section 68/2 of Registration Act and pass appropriate orders based on the representation dated 06.09.2021, within a time frame to be fixed by this Court.

2.It is the contention of the petitioner that he made a representation on 22.09.2021 to the respondents seeking for cancellation of the sale deed, vide Doc.Nos.12/1999, 157/1999 and 158/1999 on the ground that the said sale deeds are fraudulently registered by the respondents 3 and 4. Since, no final orders are passed in the said representation, he has filed this Writ Petition. 3.Heard Mr.K.P.Sankarakumarakuruparan, learned Counsel for the petitioner and Mr.J.John Rajadurai, learned Government Advocate, who accepts notice on behalf of the respondents 1 and 2. 4.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8763 of 2022 and the respondents 3 and 4 and any other necessary party, whom the first respondent deems fit to enquire.

5.Accordingly, this Court directs the first respondent to pass final orders on the petitioner's representation, dated 22.09.2021 seeking to cancel the sale deeds, registered as Document Nos.12/1999, 157/1999 and 158/1999 on merits and in accordance with law after affording a fair hearing to the petitioner and the respondents 3 and 4 and any other necessary party, whom the first respondent deems fit to enquire, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Registrar, Tenkasi District, Tenkasi. 2.The Sub Registrar, Sankarankovil Tenkasi District. +1 CC to M/s.SPL.GP ( SR-23299[F] dated 04/05/2022 ) W.P.(MD)No.8763 of 2022 29.04.2022 RK(23/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2