Saravanan v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Saravanan

...Petitioner

Vs.

1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar, (Administration), Combined Registration Department Campus, TNAU Nagar, Rajakambiram, Y.Othakadai, Madurai District.

3.The Sub Registrar, Sub-Registrar Office, Thamaraipattai, (Chittambatti), Madurai District. 4.Pandiyammal 5.Ranjitham ... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No.2 to complete the enquiry that has been initiated pursuant to the petitioner complaint, dated 17.08.2020, to take a final decision thereon as per section 68(2) of Registration Act, 1908, in connection with the sale deed in Doc. No.3602 of 2009, registered fraudulently, on 27.07.2009, by 3rd respondent in respect of the property situated in Survey No.5/8 to the extent of the 1 acre 5 cents out of which the 0.42.5 ares 53 cents, South Street Village, Melur Taluk, Madurai District and as expeditiously as possible within the time stipulation as prescribed by this Court. For Petitioner : Mr.R.Anand For Respondents : Mr.R.Suresh Kumar for R1 to R3 Government Advocate

ORDER

This writ petition has been filed for the issue of a Writ of Mandamus, directing the second respondent to complete the enquiry that has been initiated pursuant to the complaint given by the petitioner, on 17.08.2020 and pass orders, within the time frame fixed by this Court.

2.The case of the petitioner is that the subject property was 1/3

partitioned among the brothers and a joint patta was also standing in their name. At that point of time, the petitioner came to know that the fourth respondent has executed a sale deed for the property by impersonating one Pandiyammal, who is the aunt of the petitioner, thereby, a sale deed has been registered in document No.360/2009. 3.The petitioner, therefore, made a complaint before the second respondent and the second respondent through proceedings in Na.Ka.No.3134/Mh;2/2020-2, dated 15.12.2020, summoned the petitioner to attend for an enquiry and accordingly, the petitioner also attended an enquiry on 15.12.2020.

4.The grievance of the petitioner is that there has been absolutely no progress in the enquiry, thereafter and therefore, left with no other option, the present writ petition has been filed before this Court seeking for appropriate directions. 5.Heard Mr.R.Anand, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate, appearing for the respondents 1 to 3.

6.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to proceed with the enquiry in Na.Ka.No.3134/Mh;2/2020-2, dated 15.12.2020, after affording opportunity to the petitioner and respondents 4 and 5 and pass orders strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 7.The petitioner is directed to make a fresh representation to the second respondent along with all relevant documents and also a copy of this order.

8.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To:

1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar, (Administration), Combined Registration Department Campus, TNAU Nagar, Rajakambiram, Y.Othakadai, Madurai District.

3.The Sub Registrar, Sub-Registrar Office, Thamaraipattai, (Chittambatti) Madurai District.

+1 CC to M/s.SPL GP ( SR-22935[F] dated 16/07/2021 ) +1 CC to M/s.R.ANAND, Advocate ( SR-23076[F] dated 19/07/2021 ) 15.07.2021 RD(26.07.2021) 3P 6C 3/3