Madras High CourtWP(MD)/12797/2016disposed of

T.Madhavan v. The Inspector Of General Of

2016-07-21Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2016 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12797 of 2016 T.Madhavan .. Petitioner Vs.

1.The Inspector General of Registration, No.1oo, Santhome High Road, Chennai - 600 028.

2.The Deputy Inspector General of Registration, Madurai.

Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y.Othakadai, Madurai - 625 107.

3.The District Registrar (Administration), 1A Thirupathur Road, Sivagangai.

4.The Sub-Registrar Office, Madhagupatti Village, Sivagangai Taluk and District.

5.The Sub-Registrar Office, Tirupathur, Sivagangai District.

6.Sornavalli 7.Pandi Gandhi 8.Alagurajan ..Respondents Prayer : Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the fourth and fifth respondents culminated 1) in the sale deed, dated 22.09.1954 which has been registered as Document No.2335/1954 with Sub Registrar Office, Thirupathur, Sivagangai District, 2) Gift deed, dated 20.09.1991 which has been registered as Document No. 1046/1991 with Sub Registrar Office, Madagupatti and the sale deed, dated 25.08.2015 registered as Document No. 1272/2015 with the Sub Registrar office, Madugupatti and quash the same consequently direct the

fourth and fifth respondents to remove the entry made in Document No.2335/1954, 2) Document No.1046/1991 and 3) 1272/2015 in office of Sub Registrar Madagupatti by conducting an enquiry pursuant to the proceedings of the second respondent in Na.Ka.No.1342/E1/2016, dated 24.02.2016.

For Petitioner : Mr.D.Rajagopal For RR 1 to 5 : Mr.K.Mahesh Raja Government Advocate

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the fourth and fifth respondents culminated 1) in the sale deed, dated 22.09.1954 which has been registered as Document No.2335/1954 with Sub Registrar Office, Thirupathur, Sivagangai District, 2) Gift deed, dated 20.09.1991 which has been registered as Document No. 1046/1991 with Sub Registrar Office, Madagupatti and the sale deed, dated 25.08.2015 registered as Document No. 1272/2015 with the Sub Registrar office, Madugupatti and quash the same consequently direct the fourth and fifth respondents to remove the entry made in Document No.2335/1954, 2) Document No.1046/1991 and

3) 1272/2015 in office of Sub Registrar Madagupatti by conducting an enquiry pursuant to the proceedings of the second respondent in Na.Ka.No.1342/E1/2016, dated 24.02.2016.

2. Heard the learned counsel for the petitioner. Mr.K.Mahesh Raja, learned Government Advocate takes notice for the respondents 1 to 5.

3. When the matter was taken up for hearing, Mr.D.Rajagopal, learned counsel appearing for the petitioner, limiting his prayer prior to the notice, dated 24.02.2016, wherein a direction has been given by the second respondent to the third respondent, submitted that if the third respondent has already taken action by issuing notices to the parties including the petitioner, he would withdraw the Writ Petition.

4. The learned counsel appearing for the respondents 1 to 5 would submit that on the basis of the direction issued by the second respondent to the third respondent full-fledged enquiry would be conducted, after issuing notices to all the parties, for which, he sought for four months time.

5. Recording the submission made by both the parties, this Court grants five months time, from the date of receipt of a copy of this order, to the third respondent to conduct the enquiry and report the same to the second respondent. Needless to mention that the third respondent shall give notices to all the parties concerned before proceeding with the matter.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Inspector General of Registration, No.1oo, Santhome High Road, Chennai - 600 028.