Ramasamy, v. The Inspector Geneal Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.13515 of 2017 and W.M.P.(MD)No.11376 of 2017 Ramasamy

...Petitioner

-Vs1. The Inspector General of Registration, Inspector General of Registrar Office, Chennai - 600 028.

2. The District Registrar, Madurai District, Madurai.

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing 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 22.07.2016 regarding the fraudulent registration of Document No.1398/1994 dated 03.06.1994 in respect of property comprised in Survey No.46 to an extent of 1 acre 32 cents bearing Patta No.31 situated at Kancharankulam Village, Thiruppuvanam Taluk, Sivagangai District.

For Petitioner : Mr.S.Rajaprabhu For Respondents : Mr.A.Muthu Karuppan Additional Government Pleader

ORDER

This writ petition is filed for a direction to the second respondent to conduct enquiry as per Circular No.67, dated 03.11.2011 of the first respondent passed on his complaint dated 22.07.2016.

2. The petitioner would state that a land to an extent of 1 acre 32 cents in Survey No.46 situated at Kancharankulam Village in Thiruppuvanam, is the ancestral property to the petitioner. He is still in possession and enjoyment of the same. https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner would allege that one Jeganathan, S/o.Sennimalai Gounder, has no right over the property, but he sold the same to one Nayan Muljith Thakoor by a sale deed dated 03.06.1994. Unfortunately, he became aware of the sale deed only in the year 2016 and immediately he sent a complaint to the second respondent on 22.07.2016 to cancel the sale deed as per the Circular No.67 of the first respondent. Since no action was taken, the present writ petition has been filed.

4. Heard Mr.S.Rajaprabhu, learned counsel for the petitioner and Mr.A.Muthu Karuppan, learned Additional Government Pleader for the respondents.

5. In the light of the above fact, this Court directs the second respondent to take appropriate action based on the complaint of the petitioner and pass final orders on merits and in accordance with law after providing opportunity to all the necessary parties within a period of twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Inspector General of Registration, Inspector General of Registrar Office, Chennai - 600 028.

2. The District Registrar, Madurai District, Madurai.

+1cc to Special Government Pleader, SR.No.76867. W.P.(MD)No.13515 of 2017 04.09.2017 sm SDS/JC/SAR 1/20.09.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/