N.Ramadoss, v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2017
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.12561 of 2017 and W.M.P(MD)No.9674 of 2017 N.Ramadoss ..Petitioner Vs.
1.The Inspector General of Registration, Chennai 600 028.
2.The District Registrar, Office of the District Registrar, Tanjore.
3.The Joint Sub-Registrar-I, Office of the Joint Sub-Registrar, Registration Department, Sivagangai Thottam, Tanjore.
4.Padmavathy 5.A.Gopi 6.P.Edwin Raj ..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 and third respondents to conduct enquiry regarding registration of Sale Agreement, dated 21.04.2016, entered into between 4th, 5th and 6th respondents herein for the sale of Plot No.41 compromised in Survey No.171, Thamil Nagar, Lakshathoppu Village, Neelagiri Therkku Thottam Vattam, Tanjore, Tanjore District which is owned by the petitioner herein and thereby direct the second and third respondents to annual the said Agreement, dated 21.04.2016.
For Petitioner : Mr.T.Ramesh For R-1 to R-3 : Mr.C.Selvaraj Special Government Pleader
ORDER
Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents 1 to 3. By consent, the Writ Petition is taken up for final hearing
2. This Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the second and third respondents, to conduct enquiry regarding registration of a Sale Agreement, dated 21.04.2016, based on his complaint dated 06.06.2017.
3. The case of the petitioner is that petitioner's wife Mrs.Ezhilmalar, vide sale deed, dated 19.06.1986, purchased Plot No.41 measuring 4920 sq. ft. at Thamil Nagar, Lakshathoppu Village, Neelagiri Therkku Thottam Vattam, Tanjore, Tanjore District. Since then she was in possession and enjoyment of the property. After her demises, it is inherited by the petitioner and other legal heirs.
4. The grievance of the petitioner is that the respondents 4 and 5, who have no right over the property of the petitioner, have entered into an agreement with the sixth respondent and therefore, the petitioner lodged a complaint to the respondent 2 and 3 with regard to the fraudulent registration of the agreement dated 21.04.2016. Since no order was passed by the respondents 2 and 3, the petitioner has come up with the present Writ Petition with the aforesaid prayer.
5. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 to 3 and perused the materials available on record.
6. Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the case, this Court directs the second respondent to pass orders on the complaint made by the petitioner, dated 06.06.2017, on merits and in accordance with law, after providing opportunity of hearing to all the necessary parties concerned, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
7.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Inspector General of Registration, Chennai 600 028.
2.The District Registrar, Office of the District Registrar, Tanjore.
3.The Joint Sub-Registrar-I, Office of the Joint Sub-Registrar, Registration Department, Sivagangai Thottam, Tanjore.
+One cc to Mr.T.Ramesh, Advocate, SR.No.63766 +One cc to The Special Government Pleader, SR.No.64440 km/pm RL/6C/3P/SV/SAR2/20/7/2017 W.P(MD)No.12561 of 2017 06.07.2017