R.Muthulaingam, S/O.Ramalingam v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16183 of 2018 R.Muthulingam ... Petitioner vs.

1. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome Church Main Road, Chennai.

2. The District Registrar, Office of the District Registrar, Madurai South Taluk, Palace Road, Madurai 625 001.

3.Raman 4.Periyakkal 5.Kannan 6.Vijayapandian 7.Thiruchelvem 8.Arasupandi 9.Pandi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent Nos.1 and 2 to cancel the fraudulent Tenancy Made Over Deeds Document Nos.618 of 2011, 258 of 2011, 259 of 2011 and 260 of 2011 dated 12.01.2011 by considering the petitioner's representations dated 13.03.2018 and 12.06.2018 in the light of the Circular letter No.41530/U1/2017 dated 08.11.2017 issued by the Inspector General of Registration, Chennai. For Petitioner :Ms.A.S.Rajeswari For R1 & R2 :Mr.M.Murugan Government Advocate

O R D E R

Mr.M.Murugan, learned Government Advocate takes notice for the respondents 1 & 2. Notice to the Respondent Nos.3 to 9 is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.It is the grievance of the petitioner that his representations dated 13.03.2018 and 12.06.2018 seeking to cancel the fraudulent Tenancy Made Over Deeds Document Nos.618 of 2011, 258 of 2011, 259 of 2011 and 260 of 2011 dated 12.01.2011 in the light of the Circular letter No.41530/U1/2017, dated 08.11.2017 issued by the Inspector General of Registration, Chennai, have not been considered by the respondents till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the application made by the petitioner. It is needless to point out that whenever an application of this nature is made, the 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 petitioner's application within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioners' representation dated 13.03.2018 and 12.06.2018, 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 giving due opportunity to the petitioner as well as to the Respondent Nos.3 to 9 and any other persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome Church Main Road, Chennai.

2. The District Registrar, Office of the District Registrar, Madurai South Taluk, Palace Road, Madurai 625 001.

+1cc to Ms.A.S.Rajeswari, Advocate Sr.No.74596 RMI VB/KAK/SAR2/02.08.2018/3P/4C W.P.(MD) No.16183 of 2018 24.07.2018