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Madras High CourtWP(MD)/8507/2022disposed of

Somasundaram S v. The Inspector General Of Registration

2022-04-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Somasundaram ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavalipakkam, Raja Annamalai Puram, Chennai - 600 028.

2.The Deputy Inspector General of Registration, Registration Office, Integrated Complex of Registration Department, TNAU Nagar, Rajakambeeram, Y.Othakadai, Madurai - 625 107.

3.The District Registrar, District Registrar's Office, (Madurai North), Integrated Complex of Registration Department, TNAU Nagar, Rajakambeeram, Y.Othakadai, Madurai - 625 107.

4.The Sub Registrar, Chokkikulam Sub Registrar's Office, Integrated Complex of Registration Department, TNAU Nagar, Rajakambeeram, Y.Othakadai, Madurai - 625 107.

5.P.S.Subbiah 6.Chitravel 7.S.Karunrasik 8.M.Abdul Azeez ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents No.1 to 4 to cancel the Sale Deed dated 20.12.2010, as Document No. 780/2011, Power deed, dated 20.02.2019, as Document No. 1014/2019, and Sale deed dated 05.03.2019, as Document No. 1260/2019 on the 1/3

file of the 4th respondent by considering the petitioner's representation, dated 09.07.2021.

For Petitioner : Mr.P.Jaganathan For Respondents : Mr.S.Shanmugavel for R1 to R4 Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents No.1 to 4 to cancel the Sale Deed dated 20.12.2010, as Document No. 780/2011, Power deed, dated 20.02.2019, as Document No. 1014/2019, and Sale deed dated 05.03.2019, as Document No. 1260/2019 on the file of the 4th respondent, by considering the petitioner's representation, dated 09.07.2021, within a time frame to be fixed by this Court. 2.According to the petitioner, the aforementioned documents are fraudulent documents. Therefore, the petitioner has given a representation on 09.07.2021, seeking for cancellation of the aforementioned documents with the official respondents. Since the representation has not been considered till date, he has filed this writ petition.

3.Heard Mr.P.Jaganathan, learned counsel appearing for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 4. 4.The petitioner has filed documents along with the writ petition to substantiate his case that the aforementioned documents are fraudulent documents. However, it is for the official respondents to consider the same on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the respondents 5 to 8 in whose names the documents stand and any other necessary party, whom the third respondent deems fit to enquire. 5.No prejudice will be caused to the respondents, if such an exercise is done.

6.For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representation, dated 09.07.2021, seeking for cancellation of the Sale Deed dated 20.12.2010, as Document No. 780/2011, Power deed, dated 20.02.2019, as Document No. 1014/2019, and Sale deed dated 05.03.2019, as Document No. 1260/2019 on the file of the 4th respondent and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the respondents 5 to 8 and any other necessary party, whom the third respondent deems fit to enquire, including granting them the right of personal hearing, within a period of twelve weeks from the date of receipt of a copy of this order.

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7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Admin I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To 1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavalipakkam, Raja Annamalai Puram, Chennai - 600 028.

2.The Deputy Inspector General of Registration, Registration Office, Integrated Complex of Registration Department, TNAU Nagar, Rajakambeeram, Y.Othakadai, Madurai - 625 107.

3.The District Registrar, District Registrar's Office, (Madurai North), Integrated Complex of Registration Department, TNAU Nagar, Rajakambeeram, Y.Othakadai, Madurai - 625 107.

4.The Sub Registrar, Chokkikulam Sub Registrar's Office, Integrated Complex of Registration Department, TNAU Nagar, Rajakambeeram, Y.Othakadai, Madurai - 625 107.

+1 CC to M/s.P.JAGANATHAN, Advocate ( SR-22247[F] dated 28/04/2022 ) +1 CC to M/s.SPL. GP ( SR-23051[F] dated 29/04/2022 ) 28.04.2022 MGJ(19.05.2022) 3P 7C 3/3