Madras High CourtWP(MD)/14704/2017disposed of

T.Viji, S/O.Thamus, v. The Inspector General Of

2017-08-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.[MD].No.14704 of 2017 T.Viji : Petitioner Vs.

1.The Inspector General of Registrar, Tamil Nadu Registration Department, Chennai.

2.The District Registrar, The District Registration Office, Nagercoil, Kanyakumari District.

3.The Sub Registrar, Thiruvattar Sub Registration Office, Thiruvattar, Kanyakumari District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the 2nd respondent to consider the representation dated 06.07.2017 to take appropriate action Under Section 82 and 83 of the registration Act and as per circular 67 for the illegal unilateral cancellation of settlement deed bearing document No.4169 dated 26.12.2011 and the subsequent settlement deed bearing document No.2725 of 2016 dated 02.11.2016.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.C.Selvaraj, Special Government Pleader

O R D E R

This writ petition is filed for directing the second respondent to consider the representation dated 06.07.2017 and to take appropriate action Under Section 82 and 83 of the registration Act and as per circular 67 for the illegal unilateral cancellation of settlement deed bearing document No.4169 dated 26.12.2011 and the subsequent settlement deed bearing document No.2725 of 2016 dated 02.11.2016.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the petitioner would submit that the property to an extent of 4 cents in survey No. 125 /15 in

Ponmalai village, Kanyakumari District was settled in favour of the petitioner by a registered settlement deed dated 01.07.2009. Thereafter the settlor unilaterally cancelled the settlement and executed another settlement in favour of her daughter dated 26.12.2011. Aggrieved over the same the petitioner gave a representation to the respondents on 06.07.2017. Since it was not considered the present writ petition.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondets. Perused the records.

4.Considering the limited scope of the prayer sought for in this writ petition, this Court without going into the merits of the case, directs the second respondent to consider the representation of the petitioner dated 06.07.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to the necessary parties, within a period of eight weeks from the date of receipt of copy of this order. 5.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To 1.The Inspector General of Registrar, Tamil Nadu Registration Department, Chennai.

2.The District Registrar, The District Registration Office, Nagercoil, Kanyakumari District.

3.The Sub Registrar, Thiruvattar Sub Registration Office, Thiruvattar, Kanyakumari District.

+1cc to M/S.S.C.Herold Singh, Advocate SR.No. 71085 +1cc to Special Government Pleader, SR.No. 71692 W.P.[MD].No.14704 of 2017 08.08.2017 dsk JM/SKN RSK/SAR 2/29.08.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/