K.Vivekanand v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP.(MD).No.16022 of 2023 K.Vivekanand ... Petitioner Vs 1.The Principal Secretary, Commercial Taxer and Registration Department, State of Tamil Nadu, Fort St.George, Chennai.

2.The Inspector General of Registration, Office of the Inspector General of Registraion, Nungampakam, Chennai.

3.The Deputy Inspector General of Registration, Office of Deputy Inspector General of Registration, TNAU Nagar , Rajakampeeram, Y.Othakkadai, Madurai - 625 107.

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4.The District Registrar, Office of the District Registrar , Madurai North, TNAU Nagar, Rajakampeeram, Y.Othakadai , Madurai.

5.The Sub-Registrar, Office of the Sub- Registrar, Dindigul Main Road, Vadipatti, Madurai District.

6.Thangaraj

7. Sundaravalli

8. Rajaram 9.Abiramavalli ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondent No.2 to 4 initiate appropriate action against the Respondent No.6 to 9 for fraudulently registering sale deed in Document No.92/2023 on the file of the Respondent No.5 by considering the petitioner's representation dated 15.02.2023 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For R1 to R5 : Mrs.D.Farjana Ghoushia Special Government Pleader 2/6

O R D E R

The petitioner is a grand son of one Alagarsamy Reddiar, who died in the year 1988. The property in Survey No.722/5, 722/8D and 741/1A belong to his grand father and it was not sub-divided among his legal heirs. However, the same was sold by one of the coparceners by Document No.92 of 2023. Therefore, this petitioner has lodged a complaint before the District Registrar on 15.02.2023 and approached this Court for a Mandamus, directing the respondents 2 to 4 to take appropriate action based on his representation dated 15.02.2023 with regard to the document No.92 of 2023 registered on the file of the fifth respondent.

2.Today(06.07.2023), when this writ petition is taken up for admission, the learned Special Government Pleader produced a communication, dated 04.07.2023, which she has received from the District Registrar, Madurai North and submits that the petitioner's 3/6

representation dated 15.02.2023 was considered, enquiry was conducted and it was concluded on 15.05.2023 and final order is yet to be passed.

3.Recording the submission made by the learned Special Government Pleader, this writ petition is disposed of with a direction to the District Registrar, Madurai to take further action based on the outcome of the enquiry and also communicate the findings of the enquiry to the petitioner. No costs.

06.07.2023 NCC : Yes / No.

Index : Yes / No.

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To 1.The Principal Secretary, Commercial Taxer and Registration Department, State of Tamil Nadu, Fort St.George, Chennai.

2.The Inspector General of Registration, Office of the Inspector General of Registraion, Nungampakam, Chennai.

3.The Deputy Inspector General of Registration, Office of Deputy Inspector General of Registration, TNAU Nagar , Rajakampeeram, Y.Othakkadai, Madurai - 625 107.

4.The District Registrar, Office of the District Registrar , Madurai North, TNAU Nagar, Rajakampeeram, Y.Othakadai , Madurai.

5.The Sub-Registrar, Office of the Sub- Registrar, Dindigul Main Road, Vadipatti, Madurai District.

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B.PUGALENDHI, J.

vrn Order made in WP.(MD).No.16022 of 2023 06.07.2023 6/6