Madras High CourtWP(MD)/15923/2019disposed of

T.Vimalarani v. The District Registrar

2019-07-18Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15923 of 2019 T.Vimalarani

...Petitioner

-Vs1.The District Registrar, District Registrar Office, Rajagampeeram, Y.Othakadai, Madurai.

2.The Sub-Registrar, Chokkikulam Sub-Registrar Office, District Registrar Office, Rajagampeeram, Y.Othakadai, Madurai.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to conduct the enquiry on the basis of the petitioner's representation dated 27.06.2019 and consider the same.

For Petitioner : Mr.A.Mu.Sharavanan For Respondents : Mr.M.Murugan Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents to conduct an enquiry on the basis of the petitioner's representation dated 27.06.2019 and consider the same. 2.Heard Mr.A.Mu.Sharavanan, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.As against the unilateral cancellation of the gift deed executed in favour of the petitioner by his mother, the petitioner has made a representation on 27.06.2019 to the first respondent to conduct an enquiry and pass order. Hence, the learned counsel appearing for the petitioner submits that if the said representation https://hcservices.ecourts.gov.in/hcservices/

is directed to be decided by the first respondent on merits, within a time frame, the petitioner would be satisfied. 5.I have heard, Mr.M.Murugan, learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner dated 27.06.2019 would be decided by the first respondent on merits within a time frame. 6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following directions:- "that the first respondent is hereby directed to consider the representation of the petitioner dated 27.06.2019 and pass orders thereon, on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, who cancelled the gift deed which was already executed in favour of the petitioner. The needful shall be done and final order shall be passed within a period of eight weeks from the date of receipt of a copy of this order."

No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The District Registrar, District Registrar Office, Rajagampeeram, Y.Othakadai, Madurai.

2.The Sub-Registrar, Chokkikulam Sub-Registrar Office, District Registrar Office, Rajagampeeram, Y.Othakadai, Madurai.

+1 CC to M/s.SPL GP ( SR-76310[F] dated 19/07/2019 ) Order made in W.P.(MD)No.15923 of 2019 18.07.2019 rmk MS/09.09.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/