Raghuveer. M.V v. The Deputy Inspector Gl. Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH M.V.Raghuveer ... Petitioner Vs.
1.The Deputy Inspector General of Registration, Madurai District, Rajakambiram, Othakadai, Madurai-625 017.
2.The District Registrar, Madurai North District Registration, Rajakambiram, Othakadai, Madurai-625 017.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to direct the second respondent to consider the petition dated 02.11.2020 filed by the petitioner pending on the file of the second respondent and dispose the same within stipulated period as fixed by this Court. For Petitioner : Mr.A.G.Senthikumar For R1 & R2 : Mr.M.Lingadurai, Government Advocate
ORDER
This Writ Petition has been filed for the issue of a writ of Mandamus, directing the second respondent to act upon the complaint given by the petitioner, on 02.11.2020, wherein, the petitioner has alleged that fraudulent documents have been created based on a forged patta.
2.Heard Mr.A.G.Senthikumar, learned counsel for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.
3.The case of the petitioner is that he along with his wife purchased the subject property through a registered sale deed. The patta stood in the name of a third party and hence, the petitioner filed an appeal before the Revenue Divisional Officer and the appeal was allowed by cancelling the patta and directing issuance of patta in the name of the petitioner through proceedings, dated 30.05.2013. It is further stated in the affidavit filed in support of the writ petition that the appeal that was filed before the District Revenue Officer against the order passed by the Revenue Divisional Officer, 1/3
was also dismissed through proceedings, dated 19.01.2016. Thus the patta came to be issued in the name of the petitioner. 4.The grievance of the petitioner is that in the meantime, some third parties have fraudulently dealt with the property based on the earlier patta.
The petitioner therefore, made a complaint/representation before the second respondent, on 02.11.2020, for conducting an enquiry on the fraudulent transactions. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.
5.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 act upon the complaint/representation made by the petitioner, on 12.11.2020, after affording opportunity to the petitioner and all other interested parties and deal with the same on its own merits and in accordance with law and pass final orders, within a period of twelve weeks from the date of receipt of a copy of this order. 6.The petitioner is directed to make fresh representation to the second respondent along with all relevant documents and also a copy of this order.
7.This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (W) // 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.
To 1.The Deputy Inspector General of Registration, Madurai District, Rajamkambiram, Othakadai, Madurai-625 017.
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2.The District Registrar, Madurai North District Registration, Rajakambiram, Othakadai, Madurai-625 017.
+1 CC to M/s.SPL GP ( SR-24024[F] dated 27/07/2021 ) 26.07.2021 SSS(CO) LR (03.08.2021) 3P 4C 3/3