M.Manikalai, v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20811 of 2017 M.Manikalai ... Petitioner -vs1. The Inspector General of Registration, O/o. Inspector General Registration, 100, Santhome High Road, Mylapore, Chennai 600 028.
2. The District Registrar (Administration), Madurai (South), Madurai.
3. The Joint Sub Registrar No.1, Mahal, Madurai (South), Madurai.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to cancel the gift settlement deed bearing registration number 8253 of 2012 dated 08.10.2012 registered on the office of the 3rd respondent as per Circular No.67 (C.N.52338/C1/2011) dated 03.11.2011 issued by the 1st respondent.
For Petitioner : Mr.T.Vadivelan For Respondents : Mr.T.S.Mohamed Mohideen Addl. Govt. Pleader
O R D E R
This writ petition has been filed, seeking a direction to the respondents to cancel the gift settlement deed bearing Reg.No.8253 of 2012 dated 08.10.2012 registered in the office of the 3rd respondent as per Circular No.67 (C.N.52338/C1/2011) dated 03.11.2011 issued by the 1st respondent.
2. Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that based on the forged and fabricated documents, the authority concerned registered a gift deed on 08.10.2012 without reference to the earlier encumbrance dated 01.04.2011. Though the petitioner has submitted a https://hcservices.ecourts.gov.in/hcservices/
representation dated 19.07.2017 to cancel the said deed as per Circular No.67 dated 03.11.2011, no action has been taken so far. Hence, the petitioner is before this Court.
4. The learned counsel for the petitioner has fairly submitted that Circular No.67 has already been withdrawn and it would suffice, if the representation of the petitioner is directed to be disposed of in the light of the subsequent circular dated 08.11.2017.
5. The learned Additional Government Pleader appearing for the respondents would submit that if a reasonable time is granted to the respondents, the representation of the petitioner will be considered and suitable orders passed thereon.
6. Though the petitioner has sought for a larger relief, in view of his confinement of the prayer to the extent of consideration of his representation, this Court, without going into the merits of the matter, directs the respondents to consider the representation of the petitioner dated 19.07.2017 and pass appropriate orders thereon on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order after affording an opportunity of hearing to the petitioner and other interested parties, if any, keeping in mind the subsequent circular dated 08.11.2017.
7. With the above direction, this petition is disposed of. No costs.
Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To:
1. The Inspector General of Registration, O/o. Inspector General Registration, 100, Santhome High Road, Mylapore, Chennai 600 028.
2. The District Registrar (Administration), Madurai (South), Madurai.
3. The Joint Sub Registrar No.1, Mahal, Madurai (South), Madurai.
+ 1 CC TO Mr.T.VADIVELAN, ADVOCATE IN SR No. 86601 AR TE/KK/SAR-II : 17/11/2017 : 2P/5C W.P(MD) No.20811 of 2017 13.11.2017 https://hcservices.ecourts.gov.in/hcservices/