Al.Kannan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.11.2016 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.19236 of 2016 AL. Kannan . . . Petitioner -Vs1. The District Registrar, O/o. District Registrar, Karaikudi, Sivagangai District.

2. The Joint Sub-Registrar No. 2, Joint Sub-Registrar No. 2 office, Karaikudi, Sivagangai District.

. . . Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 18.12.2015 and thereby direct the second respondent to take appropriate action to cancel the documents in respect of fraudulent Registration of General Power Deed Nos.127/2014 and 128/2014 as per the order passed by the first respondent in Na.Ka.No. 150/Aa1/2014 dated 20.05.2015 within a time frame fixed by this Court.

For petitioner : Mr.V.Manikandan For respondents : Mr.R.Anandharaj Government Advocate.

O R D E R

The writ petition has been filed for a writ of Mandamus directing the respondents to consider the petitioner's representation, dated 18.12.2015 and thereby direct the second respondent to take appropriate action to cancel the documents in respect of fraudulent Registration of General Power Deed Nos.127/2014 and 128/2014, as per the order passed by the first respondent in Na.Ka.No. 150/Aa1/2014 dated 20.05.2015 within a time frame fixed by this Court.

2. According to the petitioner, the first respondent, vide order dated 20.05.2015 in Na.Ka.No. 150/Aa1/2014, directed the second respondent to take action under Section 83 of the Registration Act for the alleged forged power of attorney and the petitioner has also made a representation to the second https://hcservices.ecourts.gov.in/hcservices/

respondent, on 18.12.2015. Even though the order has been passed on 20.05.2015, the second respondent did not take any action so far. Hence, he has filed the present writ petition before this Court.

3. In the above said circumstances, the second respondent is directed to consider the representation of the petitioner dated 18.12.2015 and pass orders on merits and in accordance with law, after issuing notice to the rival claimants, within a period of twelve weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS I) /True Copy/ Sub Assistant Registrar To

1. The District Registrar, O/o. District Registrar, Karaikudi, Sivagangai District.

2. The Joint Sub-Registrar No. 2, Joint Sub-Registrar No. 2 office, Karaikudi, Sivagangai District.

+1cc to Mr.V.Manikandan, Advocate in SR No.66947 +1cc to the Spl.Govt.Pleader in SR No.67018 W.P.(MD).No.19236 of 2016 08.11.2016 akv anr/ss2/ksm/24.01.2017/2p/5c https://hcservices.ecourts.gov.in/hcservices/