Madras High CourtWP(MD)/19108/2017disposed of

C.Rengaraj, v. The Inspector General Of

2017-11-21Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19108 of 2017 C.Rengaraj ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhom High Road, Mylapore, Chennai - 28, Tamil Nadu.

2.The District Registrar, Madurai South Registration Office, Madurai District.

3.The Sub Registrar, Thiruparankundram Sub Registration Office, Madurai District.

4.The District Revenue Officer, Office of the Madurai District Revenue Officer, Madurai District.

5.The Revenue Divisional Officer, Office of the Madurai Revenue Divisional Officer, Madurai District.

6.The Tahsildar, Office of the Tahsildar, Thirupparankundram Taluk, Madurai District.

7.E.V.Paramasivam 8.Sanjay Gandhi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari to call for the records on the file of the 3rd Respondent impugned order vide Thava Manu No.38/2017 dated 28.08.2017 and quash the same as illegal, improper, unlawful, unconstitutional and arbitrary, and consequently direct the 1 to 3 Respondents does not make any further registrations with respect to the sale deed vide Document No.2223/2010 dated 17.05.2010 on the file of the 3rd Respondent pending disposal of this Writ Petition.

For Petitioner : Mr.R.Sundar For Respondents 1 to 6 : Mr.J.Gunaseelan Muthiah, Government Advocate For Respondents 7 & 8 : No appearance

ORDER

This writ petition has been filed, seeking to, call for the records on the file of the 3rd respondent impugned order vide Thava Manu No.38/2017 dated 28.08.2017 and quash the same as illegal, improper, unlawful, unconstitutional and arbitrary, and consequently direct the 1 to 3 Respondents does not make any further registrations with respect to the sale deed vide Document No.2223/2010 dated 17.05.2010 on the file of the 3rd respondent pending disposal of this Writ Petition.

2.Heard both sides. Despite notices served to the seventh and eighth respondents, they have not appeared before this Court. 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 the petitioner purchased the property in Survey No.45/1A1, Plot No.81, situated at Thirupparankundram Taluk, Madurai South. The petitioner's contention is that some third parties by creating forged documents in respect of his property, are intending to sell it. Though several petitions were filed and communications took place, the petitioner finally sent a representation to the respondents, objecting to register any document in respect of his property by the third parties. Subsequently, the third respondent, vide letter dated 28.08.2017 has rejected his objections. Challenging the same, the petitioner is before this Court. 5.The learned counsel for the petitioner, though, challenged the impugned order dated 28.08.2017 in this writ petition, now confines his prayer for consideration of his representation, in line with the order passed by the fifth respondent and such a prayer is not seriously objected by the learned Government Advocate.

6. In view of the above submissions, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 19.09.2017 and pass appropriate orders, on merits and in accordance with law and also in line with the proceedings of the fifth respondent vide proceedings Ni.Mu.No.3026/2012/N, dated 16.03.2017, 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(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Inspector General of Registration, 100, Santhom High Road, Mylapore, Chennai - 28.