Madras High CourtWP(MD)/19029/2017disposed of

S.Anand Kumar v. The Deputy Inspector Of

2017-11-21Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19029 of 2017 and WMP(MD)No.15369 of 2017 S.Anand Kumar ... Petitioner Vs.

1.The Deputy Inspector of General, Office of the Deputy Inspector of General Registration, Government Multipurpose Complex, second floor, Khajamalai, Tiruchirappalli.

2.The District Registrar (Admin), Office of the District Registrar, District Court Compound, Tiruchirappalli - 620 001.

3.The Sub-Registrar, Office of the Woraiyur Sub Registrar, 25, Annamalai Nagar, Tiruchirappalli - 620 018.

4.K.Chinnammal 5.D.Ramesh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents 1 to 3 to take appropriate action on the representation of the petitioner dated 26.08.2017 for cancellation of Sale Agreement dated 23.06.2017 entered into between 4th and 5th respondents within a time frame fixed by this Court. For Petitioner : Mr.B.Saravanan For Respondents 1 to 3 : Mr.M.Alagathevan, Special Government Pleader For Respondent 4 : Mr.B.Jameel Arasu For Respondent : Mr.S.Vinayak

ORDER

This writ petition has been filed, seeking to direct the respondents 1 to 3 to take appropriate action on the representation https://hcservices.ecourts.gov.in/hcservices/

of the petitioner dated 26.08.2017 for cancellation of Sale Agreement dated 23.06.2017 entered into between 4th and 5th respondents within a time frame fixed by this Court. 2.Heard both sides.

3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

4.The learned counsel for the petitioner would submit that despite the interim order granted by the civil Court related to T.S.No.43, Thillai Nagar, Tiruchirappalli, the fourth respondent herein, executed a sale agreement. Thus, the petitioner made a representation dated 26.08.2017 to the respondents. However, the same is pending till date and hence the petitioner is before this Court.

5.The respective learned counsel appearing for the respondents 4 and 5, on the other hand, stoutly refuted the said contention. 6.Considering the rival submissions, this Court finds that the interim order granted by the civil Court may not curtail anybody's right, when the Survey Number is not one and the same. Such being the case, the respondent is directed to consider the representation of the petitioner dated 23.06.2017, if the subject matter in dispute is related to T.S.No.43 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To 1.The Deputy Inspector of General, Office of the Deputy Inspector of General Registration, Government Multipurpose Complex, second floor, Khajamalai, Tiruchirappalli. 2.The District Registrar (Admin), Office of the District Registrar, District Court Compound, Tiruchirappalli - 620 001. 3.The Sub-Registrar, Office of the Woraiyur Sub Registrar, 25, Annamalai Nagar, Tiruchirappalli - 620 018. +One cc to M/s.B.Saravanan, Advocate, SR.No.88573 +One cc to M/s.B.Jamil Arasu, Advocate, SR.No.88622 +One cc to The Special Government Pleader, SR.No.89094 dsk RL/7C/2P/JC/SAR1/13/12/2017 ORDER MADE IN W.P(MD)No.19029 of 2017 21.11.2017 https://hcservices.ecourts.gov.in/hcservices/