R.Sudalaiyandi v. The Director General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14163 of 2018 and W.M.P.(MD) No.12846 of 2018 1.R.Sudalaiyandi 2.S.Kuttiammal 3.Senthilkumar 4.Ganesan ... Petitioners vs.

1. The Director General of Registration, Registration, Santhome High Road, Chennai.

2. The Deputy Director General of Registration, Tirunelveli, Tirunelveli District.

3. The District Registrar, Document Registration, Tenkasi, Tirunelveli District.

4. The Sub Registrar, Alangulam, Tirunelveli District.

5. S.G.Easski Saravanan

6. The Indessar International Limited, rep.by its Proprietor Ramanujam S/o.Sundaraja Naidu, No.141, Manickam Street, Udumalaipetti, Tiruppur District.

7. The Tahsildar, Manoor Taluk Office, Manoor, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 to 4 to cancel the forged sale deed under the document No.1629/2018 based on the petitioner's representation dated 22.05.2018.

For Petitioners :

Mr.V.Meenakshisundaram for Mr.G.Gomathi Sankar For Respondents 1 to 4 :

Mr.Murugan Government Advocate For Respondent No.5 :

Mr.N.Dilip Kumar For Respondent No.6 :

Mr.P.Prabhu For Respondent No.7 :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

It is the grievance of the petitioners that their representation dated 22.05.2018 seeking to cancel the forged sale deed registered as document No.1629/2018, on the file of the fourth respondent, has not been considered by the official respondents till date and therefore, they have filed the present writ petition.

2. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioners. It is needless to point out that whenever a representation of this nature is made, the official respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioners' representation within a stipulated time.

3. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioners' representation dated 22.05.2018 on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Such an exercise shall be done after conducting enquiry and giving due opportunity to the petitioners as well as to the respondents 5 and 6 and any other persons who may be interested in the subject matter.

4. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

To:

1. The Director General of Registration, Registration, Santhoms High Road, Chennai.

2. The Deputy Director General of Registration, Tirunelveli, Tirunelveli District.

3. The District Registrar, Document Registration, Tenkasi, Tirunelveli District.

4. The Sub Registrar, Alangulam, Tirunelveli District.

5. The Tahsildar, Manoor Taluk Office, Manoor, Tirunelveli District.

+ 1 CC TO Mr.N.DILIPKUMAR, ADVOCATE IN SR No. 72880 + 1 CC TO Mr.G.GOMATHISANKAR, ADVOCATE IN SR No. 72728 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 72794 KRK TE/SV/SAR-1 : 18/07/2018 : 3P/9C W.P.(MD) No.14163 of 2018 and W.M.P.(MD) No.12846 of 2018 12.07.2018