Krishnakumar, S/O.Pandi, v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2017
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.11755 of 2017 Krishnakumar, S/o.Pandi .. Petitioner Vs.
1.The Inspector General of Registrar, Inspector General of Registrar Office, Chennai - 600 028.
2.The District Registrar, Virudhunagar District, Virudhunagar.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, to direct the second respondent herein to conduct and complete the enquiry and pass orders within the time stipulated as per Circular No.67, dated 03.11.2011, issued by the first respondent on the petitioner's complaint, dated 31.03.2016, regarding the fraudulent registration of Document No.624/2008, dated 06.06.2008, in respect of property comprised in Survey No.23/2B, to an extent of 2 acre 62 cents, situated at Melakumilankulam Village, Tiruchuzhi Taluk, Virudhunagar District.
For Petitioner : Mr.S.Rajaprabhu For Respondents : Mr.M.Alagathevan Special Government Pleader
ORDER
The writ petition has been filed for issuance of a Writ of Mandamus, to direct the second respondent herein to conduct and complete the enquiry and pass orders within the time stipulated as per Circular No.67, dated 03.11.2011, issued by the first respondent on the petitioner's complaint, dated 31.03.2016, regarding the fraudulent registration of Document No.624/2008, dated 06.06.2008, in respect of property comprised in Survey No.23/2B, to an extent of 2 acre 62 cents, situated at Melakumilankulam Village, Tiruchuzhi Taluk, Virudhunagar District. 2.Mr.M.Alagathevan, learned Special Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
3.According to the petitioner, he purchased land to an extent of 2 acres and 62 cents in S.No.23/2B of Melakumilankulam Village, Tiruchuzhi Taluk, Virudhunagar District, through registered sale deed, dated 05.09.2007. Revenue Records were changed in the name of the petitioner and he is in peaceful possession and enjoyment https://hcservices.ecourts.gov.in/hcservices/
4.The petitioner alleges that one Karuppaiya, who does not have any right over the property, executed a sale deed in favour of one Bose and Jeyaprakash, on 06.06.2008, in Document No.624/2008. Therefore, the petitioner has sent a representation, dated 21.07.2016 to the first respondent. The first respondent in turn directed the second respondent to take appropriate action based on the petitioner's complaint, dated 31.03.2016, in K.vz;.35298/K4/2016, dated 08.08.2016. Despite the same, no action was taken. Hence, the present Writ Petition. 5.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
6.Considering the limited scope of the prayer sought for in the writ petition, without going into the merits of the case, this Court directs the second respondent to take action based on the complaint of the petitioner, dated 31.03.2016, as directed by the first respondent in his communication, dated 08.08.2016, after providing an opportunity to the necessary parties and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
7.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To 1.The Inspector General of Registrar, Inspector General of Registrar Office, Chennai - 600 028.
2.The District Registrar, Virudhunagar District, Virudhunagar.
+One cc to Mr.S.Raja Prabu, Advocate, SR.No.62121 smn2 RL/4C/2P/KP/SAR1/6/7/2017 W.P.(MD)No.11755 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 27.06.2017