N.Gopalakrishnan, v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.8960 of 2015 N.Gopalakrishnan ... Petitioner Vs.

1.The District Registrar (Administration), Registration Department, Agrahara Street, Periyakulam Post, Theni District.

2.The Sub Registrar, Cumbam Sub Registrar Office, Registration Department, Cumbam Post, Theni District.

3.Rajagopal 4.Bagavathi Pandian ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to dispose of the petitioner's application dated 21.04.2015 seeking cancellation of sale deed as Document No.5270 of 2008 dated 22.12.2008 registered with the second respondent Office in respect of petitioner's lands in S.No.884, Door No.25, Ward No.15, Nattamai Narayanaswamy Street, Cumbam-625 516, Theni District and giving opportunity to the third and fourth respondents within the time stipulated in the light of Circular No.67 dated 03.11.2011, Registration Department, by this Court and pass orders in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.M.Karuppasamy Pandian For Respondents : Mr.N.S.Karthikeyan, Additional Government Pleader for R1 and R2

O R D E R

This writ petition has been filed for a Writ of Mandamus directing the first respondent to dispose of the petitioner's representation dated 21.04.2015 seeking cancellation of sale deed in respect of the petitioner's lands in the light of Circular No.67 dated 03.11.2011 of the Inspector General of Registration, Chennai.

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2.It is stated in the affidavit filed in support of this writ petition that as per Circular No.67 dated 03.11.2011, the Inspector General of Registration, Chennai has empowered the District Registrars all over the State to conduct enquiries in respect of fraudulent transactions and for cancellation of the same if the same had been executed on impersonation and on other grounds. Now, the learned counsel for the petitioner seeks the indulgence of this Court for a direction to the first respondent to consider the representation of the petitioner dated 21.04.2015 and pass appropriate orders on merits in the light of Circular No.67, stated supra.

3.Heard the learned counsel for the petitioner and also the learned Additional Government Pleader, who took notice for respondents 1 and 2.

4.Considering the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of directing the first respondent to consider the representation of the petitioner dated 21.04.2015 on merits and in accordance with law, after affording due opportunity to the third and fourth respondents as well as the petitioner, and pass appropriate orders in the light of Circular No.67 dated 03.11.2011 of the Inspector General of Registration, Chennai, within a period of six weeks 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 District Registrar (Administration), Registration Department, Agrahara Street, Periyakulam Post, Theni District.

2.The Sub Registrar, Cumbam Sub Registrar Office, Registration Department, Cumbam Post, Theni District.

+1cc to MR. M.Karuppasamy, Advocate Sr.No.28313 km AA/19.06.2015/2p- 4c/ W.P.(MD)No.8960 of 2015 05.06.2015 https://hcservices.ecourts.gov.in/hcservices/