A.Sethuramayee, v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition No.19119 of 2015 A.Sethuramayee ... Petitioner Vs.

1.The Registrar, The Inspector General of Registration, Santhome Road, Chennai.

2.The District Registrar, Periyakulam Theni District.

... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 30.05.2014 to cancel the Document No.622/1995 dated 28.02.1995 registered before the 2nd respondent within a stipulated period fixed by this Hon'ble Court.

For Petitioner :Mr.K.Gokul For Respondents :Mr.K.Maheshraja Government Advocate

O R D E R

Heard the Learned counsel for the Petitioner and the Learned Government Advocate appearing for the Respondents. 2.According to the Petitioner, she is the only daughter of her parents and after the demise of her parents, who had acquired properties (through their hard-earned money) at survey No.2731 at Bodi Town, Theni District, Survey No.174/3, Bodi Village, Manavalazhapuram and in survey No.59 at Bodi North Malai Village respectively, a settlement deed dated 30.09.1960 was registered by the petitioner.

3.

3. The stand of the Petitioner is that subsequently to her shock and surprise, she came to know that illegal children were born to his father through one Lakshmiammal viz., Velumani, Veeramani @ Sumathi and Rameshwari, Muthumeena and Krishnaveni and with some illegal intention and criminal conspiracy, they have created a forged document viz., a settlement deed, dated 28.02.1995 (bearing Document No.622/1995) as partition deed and the same was settled by her father Arumugam Servai, when he was very much alive.

4. It comes to be known that the second respondent was approached by the petitioner with a request to cancel the partition deed (Settlement Document bearing No.622/1995) and in this regard, the petitioner had submitted her representation. However, the second respondent/District Registrar, Periyakulam, Theni District had failed to take necessary action/steps. Consequently, the petitioner sent another representation to the first respondent/the Registrar, Inspector General of Registration, on 30.05.2014 and a reply was received on 26.09.2014, whereby and whereunder, it was mentioned that her representation dated 30.05.2014 was forwarded by the first respondent to the second respondent/District Registrar, Periyakulam, Theni District.

5. The grievance of the Petitioner appears to be that the second respondent had failed to take necessary and effective steps to dispose of her representation dated 30.05.2014 even after a lapse of more than one year. Hence, the petitioner has chosen to file the present writ petition before this Court.

6. At this stage, the Learned Government Advocate informs this Court that the representation dated 30.05.2014 of the petitioner will be considered by the Authorities Concerned within a reasonable time to be determined by this Court.

7. Inasmuch as the representation of the petitioner dated 30.05.2014 is pending as on date and the same has not been disposed of yet, this Court, in the interest of Justice and Fair Play, directs the second respondent to look into the representation of the petitioner dated 30.05.2014 in a fair, objective, unbiased and dispassionate fashion and to dispose of the same, within a period of three weeks from the date of receipt of a copy of this order by passing a reasoned, speaking order (by outlining the process of reasoning in qualitative and quantitative fashion), of-course, after adhering to the principles of Natural Justice.

8. With the aforesaid direction, the writ petition stands disposed of. It is open to the petitioner to furnish a copy of the representation dated 30.05.2014 before the second

respondent within a period of three days from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The Registrar, The Inspector General of Registration, Santhome Road, Chennai.

2.The District Registrar, Periyakulam Theni District.

+1cc to Mr. K.Gokul, Advocate, Sr.No.28058 Vs JM/GSV-PM/SAR-III/03.06.2016/3P-4C Writ Petition (MD).No.19119 of 2015 02.06.2016