V.Rathinam v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.22405 of 2016 V.RATHINAM ... Petitioner Vs.

1 THE DISTRICT REGISTRAR REGISTRAR OFFICE, TRICHY, TRICHY DISTRICT.

2 THE JOINT REGISTRAR SATHANUR SUB REGISTRAR OFFICE, TRICHY TALUK TRICHY DISTRICT.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 11.11.2016. For Petitioner : Mr.S.Gopalamanikandan For Respondents : Mr.N.S.Karthikeyan Additional Govt. Pleader

ORDER

The petitioner has filed this Writ Petition, directing the 2nd respondent to consider the petitioner's representation dated 11.11.2016.

2.According to the petitioner, he had purchased two house sites in the year 2009 in plot Nos.14 and 15 in Nagappa Nagar, at Kottapattu Village, K.Sathanur, Trichy Taluk, Trichy District. Subsequently, one Santhanam, S/o.Perumal Ambalakarar, who has no right over the property, fraudulently obtained a succession certificate and thereby created a partition deed and also sold the property in favour of one Mohammed Ibrahim. In the above circumstances, the petitioner filed a criminal complaint against the said Santhanam and a F.I.R was also registered and the same is pending. In the said circumstances, the petitioner filed a petition before the first respondent to cancel the above documents on 07.10.2016. Subsequently, he made another representation dated 11.11.2016 to the respondents. Sofar, no order has been passed. Hence, the present writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

3.Heard the learned Additional Government Pleader, appearing for the respondents, who would submit that a direction may be issued to the first respondent, for considering the petitioner's representation, within a time frame. 4.Taking into consideration the facts and circumstances that the representation of the petitioner is pending before the respondents from 11.11.2016, the first respondent/District Registrar, Registrar Office, Trichy District is directed to consider the petitioner's representation, 11.11.2016 and pass orders, after giving notice to the petitioner as well as rival claimants, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. 5.Accordingly, this writ petition is disposed of. There shall be no order as to costs.

Sd/- Deputy Registrar /True Copy/ Assistant Registrar To 1 THE DISTRICT REGISTRAR REGISTRAR OFFICE, TRICHY, TRICHY DISTRICT.

2 THE JOINT REGISTRAR SATHANUR SUB REGISTRAR OFFICE, TRICHY TALUK TRICHY DISTRICT.

+One cc to mr.S.Gopalamanikandan, Advocate, SR.No.71966 +One cc to The Special Government Pleader, SR.No.72469 vs RL/5C/2P/SS2/2.1.2017 W.P(MD)No.22405 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 23.11.2016