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Madras High CourtWP(MD)/21323/2017disposed of

C.Ponnuthai, v. The District Registrar

2017-11-20Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.21323 of 2017 and W.M.P(MD)No.17584 of 2017 C.Ponnuthai

...Petitioner

Vs.

1.The District Registrar, District Registrar Office, Virudhunagar District, Virudhunagar.

2.The Sub-Registrar, Thiruthangal Sub-Registrar, Thiruthangal, Virudhunagar District.

3.Veeralakshmi 4.Kaliraj

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents 1 and 2 to consider the Petitioner's representation dated 28.08.2017 and direct the 1st Respondent to take appropriate action against Respondents 3 & 4 as per the Circular No.67 of IGR dated 03.11.2011 (C.No.52338/Cr/2011) & as per the modified Circular Letter No.41530/U1/2017 dated 08.11.2017 of Tamil Nadu Registration Department within the time stipulated by this Hon'ble Court. For Petitioner :Mr.M.R.Sreenivasan For Respondents :Mr.J.Gunaseelan Muthiah, Government Advocate for R.1 & R.2 ***

O R D E R

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

2. Mr.J.Gunaseelan Muthiah, learned Government Advocate, takes notice for the respondents 1 & 2. Notice to respondents 3 & 4 is dispensed with, as no adverse order is going to be passed against them.

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3. According to the petitioner, she purchased the property in Plot No.18, R.Sy.No.1564/1A, Keelathiruthangal Village, Sivakasi Taluk, Virudhunagar District from the third respondent vide sale deed dated 19.08.2002. It is her case that the third respondent is illegally trying to grab the possession by creating a forged deed dated 14.03.2016 in favour of her husband. Aggrieved over the same, the petitioner has preferred a representation before the authorities and because of their inaction, the petitioner is before this Court.

4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner dated 28.08.2017 is disposed of by the authorities, in line with the modified Circular Letter No.41530/U1/2017 dated 08.11.2017, within a stipulated time limit.

5. Considering the facts and circumstances of the case and also the limited scope of the relief sought for, this Court, without going into the merits of the case, directs the respondents 1 & 2 to consider the representation of the petitioner dated 28.08.2017 and pass appropriate orders, on merits and in line with the modified Circular Letter No.41530/U1/2017 dated 08.11.2017 of Tamil Nadu Registration Department, after affording due opportunity of hearing to the petitioner and respondents 3 & 4 as well as all the other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The District Registrar, District Registrar Office, Virudhunagar District, Virudhunagar.

2.The Sub-Registrar, Thiruthangal Sub-Registrar, Thiruthangal, Virudhunagar District.

+1CC to Mr.M.R.Sreenivasan, Advocate, SR.No. 88076 +1CC to the Special Government Pleader SR.No.88516 W.P.(MD).No.21323 of 2017 20.11.2017 gk AM/KP/SAR 4/04.12.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/