Chinnammal, W/O.Alagu, v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16382 of 2017 Chinnammal
...Petitioner
-Vs1.The Inspector General of Registration , Office of the Inspector General of Registration, Santhome High Road, Chennai - 600 009.
2.The District Registrar, Registration Department, Karaikudi.
3.The Sub-Registrar, Sub Registrar Office, Ponnamaravathi Taluk, Pudukottai District.
4.S.Saroja 5.S.Shanmugam 6.S.Arumugam 7.S.Krishnamoorthy 8.Nazima Begum
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the Respondents No.1 to 3 herein to take appropriate action against the Respondents No.4 to 8 to cancel the Sale deed vide Document No.2426/2013 dated 21.10.2013 comprised in S.No.623/5 (Old S.No.623/6), Patta No.992 to an extent of 0.22.0 Ares punja situated at Kaaraiyur, Ponnamaravathy Taluk, Pudukkottai District on the basis of the Circular issued by the frist Respondent dated 03.11.2011 and based on the Petitioners representation dated 08.08.2017.
For Petitioner : Mr.S.Sivakumar For Respondents 1 to 3 : Mr.C.Selvaraj Special Government Pleader
ORDER
The prayer sought for in this writ petition for a direction to the respondents 1 to 3, to take appropriate action based on this representation dated 08.08.2017.
2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent of both parties the writ petition is taken up for final disposal at the stage of admission itself.
3.The petitioner would state that the petitioner has purchased 0.22.0 Ares land in survey No.623/5 at Kaaraiur Village. Pudukottai District and subsequently, filed a suit in O.S.No.51 of 2007, and interim injunction in I.A.No.160 of 2007. 4.The grievance of the petitioner is that despite interim injunction granted in I.A.No.160 of 2007, the respondents 4 to 8 executed a sale agreement and also executed sale deed, hence, he gave a representation for cancellation of the sale deed on 08.08.2017. Since no action action was taken, he has field this writ petition.
5.Mr.C.Selvaraj, learned Special Government Pleader would submit that there is no proof for having sent the representation to the respondents and if a fresh representation is given, they would consider the same and pass orders.
6.In the light of the facts and the submission of the learned Special Government Pleader, the petitioner is directed to give a fresh representation to the second respondent by enclosing a copy of this order within a period two weeks from the date of receipt of a copy of this order, on such compliance the second respondent is directed to consider the petitioner's representation and pass orders on merits and in accordance with law, after providing opportunity to the necessary parties, within a period of twelve weeks therefrom.
7.With the above direction this writ petition is disposed of. No Costs.
Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Inspector General of Registration , Office of the Inspector General of Registration, Santhome High Road, Chennai - 600 009.
2.The District Registrar, Registration Department, Karaikudi.
3.The Sub-Registrar, Sub Registrar Office, Ponnamaravathi Taluk, Pudukottai District.
+1cc to M/S.S.SIVA KUMAR, Advocate SR.No.75597 +1cc to Special Government Pleader, SR.No. 76093 dsk MAS/SV-MMS/SAR2:13.09.2017:3P-6C W.P.(MD)No.16382 of 2017 31.08.2017