K.Nagarjan, S/O.Karuppaiah, v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.06.2017
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.10922 of 2017 K.Nagarajan ..Petitioner Vs 1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome, Chennai - 600 028.
2.The District Registrar, Document Registration Department, Sivagangai, Sivagangai District.
3.The Sub-Registrar, Thiruppuvanam Sub-Registrar Office, Thiruppuvanam, Sivagangai District.
4.Raja 5.The Manager/Attorney, Corporation Bank, West Masi Street, Madurai.
..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 consider the Petitioner's representation dated 21.4.2017 within the time frame fixed by this Court and to direct the first respondent to cancel the fraudulent Settlement Deed in Document No.1414 of 2005, dated 15.6.2005 and connected fraudulent memorandum of agreement relating to deposit of title deed in Document No.1972 of 2006, dated 28.7.2006, on the file of the third respondent, as per the Circular issued by the first respondent in his Circular No.67 in C.No.52338/C1/2011, dated 3.11.2011.
For Petitioner :M/s.R.Udhayakumar For Respondents :Mr.A.Muthukaruppan 1 to 3 Addl.Govt.Pleader
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the first respondent to consider the Petitioner's representation dated 21.4.2017 within the time frame fixed by this Court and to direct the first respondent to cancel the fraudulent Settlement Deed in Document No.1414 of 2005, dated 15.6.2005 and connected fraudulent memorandum of agreement relating to deposit of title deed in Document No.1972 of 2006, dated 28.7.2006, on the file of the third respondent, as per the Circular issued by the first respondent in his Circular No.67 in C.No.52338/C1/2011, dated 3.11.2011.
2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents 1 to 3.
3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.Mr.R.Udhayakumar, learned counsel for the Petitioner would submit that aggrieved over the order passed by the second respondent, the Petitioner preferred a statutory appeal before the first respondent on 21.04.2017. Since there is no progress in the said appeal, the present Writ Petition is filed for the relief stated supra.
5.The learned Additional Government Pleader, who takes notice for the respondents 1 to 3, would submit that the appeal was filed only in the month of April 2017 and without giving a reasonable time to the first respondent, the Writ Petition is filed. 6.Considering the submissions made on either side and considering the facts and circumstances of the case, this Writ Petition is disposed of, with a direction to the first respondent to dispose of the statutory appeal preferred by the Petitioner on 21.04.2017, 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. No costs.
Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.
To 1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome, Chennai - 600 028.
2.The District Registrar, Document Registration Department, Sivagangai, Sivagangai District.
3.The Sub-Registrar, Thiruppuvanam Sub-Registrar Office, Thiruppuvanam, Sivagangai District.
4.The Manager/Attorney, Corporation Bank, West Masi Street, Madurai.
+1CC to M/S.R.Udayakumar, Advocate, SR.No. 59900 +1CC to the Special Government Pleader SR.No. 60182 W.P(MD)No.10922 of 2017 13.06.2017 vsn AM/MR/SAR 3/21.06.2017/3P/7C