M.Mohamed Mansoor Hallaj, v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.06.2017
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.10710 of 2017 M.Mohamed Mansoor Hallaj Son of late K.A.Mohamed Ismail, represented by his Power Agent M.Mohamed Iqbal.
..Petitioner Vs
1. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Chennai - 600 028.
2. The District Registrar, Office of the District Registrar, Kumbakonam,
3. The sub-Registrar, Office of the Sub-Registrar, Papanasam, ..Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to consider and dispose of the Petitioner's application, dated 2.7.2016 for cancellation of settlement deed in Document No.64 of 2008, on the file of the second respondent, within the time frame fixed by this Court. For Petitioner :M/s.S.M.A.Jinnah For Respondents :Mr.M.Alagathevan Spl.Govt.Pleader
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the second respondent to consider and dispose of the Petitioner's application, dated 2.7.2016 for cancellation of settlement deed in Document No.64 of 2008, on the
file of the second respondent, within the time frame fixed 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 case of the Petitioner is that he purchased 64 cents of Nanja Land in S.No.350/1 from one Thilsad Begum through a registered sale deed, dated 12.4.2012, registered as Document No.545/2012. While so, one S.A. Jamal Mohamed, who has no right over the property, had executed a Settlement Deed in favour of his wife J.Mumtaj Begum, which was registered as Document No.64 of 2008. Since the settlement is a fraudulent transaction, the Petitioner made a representation to the respondents on 2.7.2016 to cancel the settlement deed. Since no action was taken, the present Writ Petition is filed for the relief stated supra. 5.
Considering the submission made by the learned counsel for the Petitioner, without going into the merits of the case, this Court directs the second respondent to consider the representation of the Petitioner, dated 02.07.2016 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 6.With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To
1. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Chennai - 600 028.
2. The District Registrar, Office of the District Registrar, Kumbakonam,
3. The sub-Registrar, Office of the Sub-Registrar, Papanasam, +1cc to Mr.S.M.A.Jinnah, Advocate Sr.No.59299 +1cc to Spl.Government Pleader Sr.No.59353 VSN VB/JC/SAR2/28.06.2017/3P/6C W.P(MD)No.10710 of 2017 08.06.2017