Madras High CourtWP(MD)/3453/2017disposed of

H.Sulthan Khan, v. The Inspector General Of

2017-11-09Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.3453 of 2017 H.Sulthan Khan ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Pattinappakkam, Chennai - 28.

2.The District Registrar, Combined Registration Office, Y.Othakadai, Rajakambeeram, Madurai - 107.

3.The Sub Registrar, Chockikulam Registration Office, Y.Othakadai, Rajakambeeram, Madurai - 107.

4.M.A.Abdul Majeed Khan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent Nos.2 and 3 to consider the petitioner's representation dated 16.12.2016 and 23.01.2017 and dispose of the same in accordance with the circular No. 67 issued by the 1st respondent in his proceedings in C.No. 52338/C1/2011 dated 03.11.2011 for cancellation of fraudulent transfer made in respect of land measuring to an extent of 3.45 acres in Survey Nos. 209/1, 209/5, 210/3, 210/1, 219/7, 227/5 (New SF.Nos. 68/1, 68/5A, 5C, 69/1, 78/7, 69/3A, 3C, 86/5) in Madurai North Taluk, Sirudhur Village, Madurai District.

For Petitioner : Mr.S.Mohamed Kadhar For Respondents 1 to 3 : Mr.M.Alagathevan Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ For Respondent 4 :M.Maharaja

ORDER

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

2.According to the petitioner, with regard to the cancellation of fraudulent transfer made in respect of certain land, invoking Circular 67 dated 03.11.2011 issued by the Registration Department, he submitted two representations dated 16.12.2016 and 23.01.2017. Because of non consideration of the representations by the respondents, the petitioner is before this Court. 3.The learned Special Government Pleader appearing for the respondents brought to the notice of this Court that circular No.67, dated 16.12.2016 had already been withdrawn and in view of the same, yet another circular dated 08.11.2017 is issued. 4.To give a quietus, this Court, without going into the merits of the case, directs the second respondent to consider the representations of the petitioner dated 16.12.2016 and 23.01.

2017 in the light of the present circular dated 08.11.2017 and pass appropriate orders, after affording due opportunity to the petitioner as well to all the interested parties, if any, on merits and in accordance with law within a period of the four weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Inspector General of Regsitration, No.100, Santhome High Road, Pattinappakkam, Chennai - 28.

2.The District Registrar, Combined Registration Office, Y.Othakadai, Rajakambeeram, Madurai - 107.

3.The Sub Registrar, Chockikulam Registration Office, Y.Othakadai, Rajakambeeram, Madurai - 107.

+1cc to M/s.S.MOHAMED KADHAR Advocate in SR. No. 86165 +1cc to M/s. M.MAHARAJA Advocate in SR. No. 86767 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 86585 DSK JS/KK/SAR.1/24.11.2017/2P-7C ORDER MADE IN W.P(MD)No.3453 of 2017 09.11.2017 https://hcservices.ecourts.gov.in/hcservices/