M.Rasakani, S/O.Mayandi Nadar v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2017

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.10507 of 2017 M.Rasakani, President, Arulmighu Sree Sundaranachiamman Thirukovil, 2/120-A 81 D, Thalavaipuram, Rajapalayam, Virudhunagar District.

... Petitioner -vs1. The Inspector General of Registration, 100, Santhom High Road, Chennai.

2. The District Registrar, Virudhunagar District Registrar Office, Virudhunagar.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to pass the order based on the petitioner's representation dated 08.09.2016 within a stipulated time as fixed by this Court.

For Petitioner :

Mr.C.Vakeeswaran For Respondents :

Mr.M.Alagathevan Special Government Pleader

O R D E R

The prayer sought for in the writ petition is for issuance of writ of Mandamus directing the second respondent to pass orders based on the representation of the petitioner dated 08.09.2016.

2. The case of the petitioner is that he is the president of Arulmighu Sree Sundaranachiamman Thirukovil, situated at 2/120-A 81 D, Thalavaipuram, Rajapalayam, Virudhunagar District. 7 cents of land in Survey No.59/6, originally belonged to one Sankaranarayana Mudaliyar, Son of Sivakolundu Mudaliyar. The said Sankaranarayana Mudaliyar has given the land to the temple for usage.

3. The petitioner would further state that the temple has constructed temple mahal for doing annathanam in Survey No.59/1B and 59/6 to an extent of 4428 sqft in the ground floor and the https://hcservices.ecourts.gov.in/hcservices/

same extent in first floor also. While so, some third parties have created sale deeds in respect of Survey No.59/6. Hence, the petitioner gave a representation to the second respondent in this regard and an enquiry was initiated in Na.Ka.No.4152/B4 /2016. Though enquiry was conducted and the parties have produced the relevant documents, the second respondent has not passed any orders. Since the second respondent has not passed any orders, the petitioner gave a representation on 08.09.2016 and 19.05.2017 to cancel the sale deeds created by the third parties. Since his representations were not considered by the respondents, the present Writ Petition has been filed by the petitioner.

4. Heard Mr.C.Vakeeswaran, learned Counsel appearing for the petitioner and Mr.M.Alagathevan, learned Special Government Pleader, who takes notice for the respondents.

5. Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the second respondent to pass order on the representations of the petitioner dated 08.09.2016 and 19.05.2017 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after providing an opportunity to the petitioner as well as the other necessary parties.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1. The Inspector General of Registration, 100, Santhom High Road, Chennai.

2. The District Registrar, Virudhunagar District Registrar Office, Virudhunagar.

+1cc to Spl.Government Pleader Sr.No.59264 +1cc to Mr.C.Vakeeswaran, Advocate Sr.No.58947 SSL VB/MR/SAR3/12.06.2017/2P/5C W.P(MD)No.10507 of 2017 06.06.2017 https://hcservices.ecourts.gov.in/hcservices/