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Madras High CourtWP(MD)/15093/2021disposed of

Kulandhaiammal P v. The Inspector General Of Registration

2021-08-25Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD).No.12017 of 2021 P.Kulandhaimammal ... Petitioner Vs.

1.The Inspector General of Registration, O/0. The Inspector General of Registration, Chennai-600 028.

2.The Deputy Inspector General of Registration, O/o. the Deputy Inspector General of Registration, Combined Registrar Office, Thirumohur Road, Othakadai, Madurai-625 107.

3.The District Registrar, O/o. the District Registrar, 1A, Thirupathur Road, Sivagangai, Sivagangai District.

4.The Sub-Registrar, O/o. the Sub-Registrar, Paramakudi, Ramanathapuram District.

5.K.Karuppiah ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to dispose of the appeal preferred by the petitioner dated 07.08.2021 before the second respondent within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For R-1 & R-4 : Mr.P.Subbaraj Counsel for State

ORDER

The petitioner seeks the expeditious disposal of the appeal filed by the second respondent on 07.08.2021.

2. The petitioner claims title to the property bearing 1/3

Survey No.267/3 in Kattuparamakudi Village, Paramakudi Taluk, Ramanathapuram District. According to the petitioner, the said property was purchased under sale deeds executed in 2008 and 2012 and that upon such purchase, the petitioner is in possession of the said property. It is alleged that the fifth respondent fraudulently executed an Inam Settlement Deed bearing document No.6274 of 2012 dated 17.12.2012 and that a subsequent conveyance was effected on such basis on 19.10.2015. The petitioner states that a police complaint was lodged in these circumstances. It is further stated that the third respondent conducted a detailed inquiry and found that there was a fraudulent registration of the aforesaid documents by proceedings dated 22.11.2016.

Thereafter, it is stated that the third respondent passed a contrary order on 30.06.2021 against the petitioner herein. The present appeal before the second respondent is against the said order. The Writ Petition is filed for the expeditious disposal thereof.

3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of respondents 1 to 4. He submits that the first respondent may be directed to dispose of the appeal expeditiously.

4. Given the limited scope of the relief prayed for by the petitioner, it is not necessary to enter findings on the merits of the dispute. For purposes of the present petition, it is sufficient to direct the expeditious disposal of the appeal.

5. Accordingly, without going into the merits of the matter, the second respondent herein is directed to consider the petitioner's appeal dated 07.08.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity to the petitioner, the fifth respondent herein and any other parties to such appeal. Such reasoned order shall be passed within a period of three (3) months from the date of receipt of a copy of this order.

6. W.P.(MD).No.15093 of 2021 is disposed of on these terms without any order as to costs. Consequently, W.M.P.(MD). No.12017 of 2021 is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector General of Registration, O/0. The Inspector General of Registration, Chennai-600 028.

2.The Deputy Inspector General of Registration, O/o. the Deputy Inspector General of Registration, Combined Registrar Office, Thirumohur Road, Othakadai, Madurai-625 107.

3.The District Registrar, O/o. the District Registrar, 1A, Thirupathur Road, Sivagangai, Sivagangai District.

4.The Sub-Registrar, O/o. the Sub-Registrar, Paramakudi, Ramanathapuram District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-27353[F] dated 26/08/2021) +1 CC to M/s.SPL GP (SR-27400[F] dated 26/08/2021) 25.08.2021 DJ(CO) SB(02.09.2021) 3P 7C 3/3