Madras High CourtWP(MD)/10548/2017disposed of

G.Ramar v. The District Registrar

2017-06-07Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 07.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.10548 of 2017 G.Ramar .. Petitioner Vs

1. The District Registrar, District Registrar's Office, 58/1, Cutchery Road, Virudhunagar Town and District.

2. The Sub-Registrar, Kariapatti Sub-Registrar Office, 152, Madurai Road, Kariyapatti Taluk, Virudhunagar District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to take necessary steps to dispose of the Petitioner's representation, dated 13.09.2016 in accordance with the procedure stated under Circular No.67 of 2011 issued by the Inspector General of Registration,Chennai on 03.11.2011 within the time stipulated by this Court.

For Petitioner : M/s.G.Marimuthu For Respondents : Mr.M.Alagathevan Special Govt.Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the first respondent to take necessary steps to dispose of the Petitioner's representation, dated 13.09.2016 in accordance with the procedure stated under Circular No.67 of 2011 issued by the Inspector General of Registration,Chennai on 03.11.2011 within the time stipulated by this Court.

2.Mr.M.Alagathevan, learned Special Government Pleader takes

notice for the respondents.

3. By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself.

4. The Petitioner would state that he is the owner of the properties in S.Nos. 105/5,150/4, 151/1,151/2A,159/3,160/4,173/6, 34/4,74/11A, 73/11B, 73/15A, 73,15B,73/8, 74/2,74/9,79/15 and 80/2, measuring an extent of 8 acres and 50 cents, situate at Manthopu Village, Kariyapatti Taluk, Virudhunagar District. He was also issued with patta in respect of the above said property in Patta No.253.

5. The Petitioner would allege that on 3.3.2006, one Murugesan, who has no right or title over the property, executed a Power of Attorney in favour of one Sivakumar. Based on the Power of Attorney, the said Sivakumar sold the property to one Mahesh. Since the Petitioner's signature was forged, he gave a criminal complaint, which was registered in Cr.No.14 of 2007 and now the case is pending in C.C.Nos.128 and 129 of 2011.

6. The Petitioner would further state that he gave a representation to the first respondent on 13.09.2016 to cancel the sale deed. Since no action was taken so far, the Petitioner has come forward with the present Writ Petition for the relief stated supra.

7. Considering the facts and circumstances of the case and the submission made by the learned counsel for the petitioner, this Court directs the first respondent to consider the representation of the Petitioner, dated 13.09.2016 on merits and in accordance with law and pass orders on the same, after giving notice to the Petitioner and other interested parties, if any, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.

8. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar

1. The District Registrar, District Registrar's Office, 58/1, Cutchery Road, Virudhunagar Town and District.

2. The Sub-Registrar, Kariapatti Sub-Registrar Office, 152, Madurai Road, Kariyapatti Taluk, Virudhunagar District.

+ 1 CC TO Mr.G.MARIMUTHU, ADVOCATE IN SR No. 58877 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 59395 VSN TE/RSK/SAR-II : 13/06/2017 : 3P/5C W.P(MD)No.10548 of 2017 07.06.2017