Bekmans Raj v. The Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Bekmans Raj through his Power Agent J.Antony Xavier ... Petitioner v.
1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.
2.The Deputy Inspector General of Registration, Integrated Complex of Registration Department, St.Mark's Street, Behind John Higher Secondary School, Tirunelveli - 627 002.
3.The District Registrar, District Registrar Office, Marthandam, Kanyakumari District.
4.The Sub Registrar, Karungal Sub Registrar Office, Karungal, Kanyakumari District.
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5.Bennet 6.Jerodin Hudson Jose ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to conduct enquiry and pass final orders on the petitioner's petition dated 03.06.2023 by invoking Sections 22B & 77A of the Registration Act in order to cancel the registered sale deed, which was fraudulently executed by the fifth respondent in favour of the sixth respondent and registered as Doc.No. 1794/2023 on the file of the fourth respondent, within a stipulated time limit. For Petitioner : Mr.M.P.Senthil For Respondents : Mr.P.T.Thiraviam, Government Advocate for R.1 to R.4 *****
ORDER
The petitioner claims that he has purchased certain properties through Court auction and has also obtained patta. However, the judgment debtor has sold the properties by creating fraudulent records and the same was also entertained by the Sub-Registrar. Therefore, the petitioner has made an 2/4
application dated 03.06.2023 for conducting an enquiry and for cancelling the document by invoking the provisions under Section 77A of the Tamil Nadu Registration Act. With a grievance that the said application was not considered, the petitioner has filed this writ petition for a mandamus to pass orders on his representation.
2.Considering the limited scope of the relief sought for and also the fact that the petitioner's representation is still pending, this writ petition is disposed of with a direction to the third respondent to consider and pass orders on the petitioner's representation, on merits and in accordance with law, after affording due opportunity of hearing to the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order. No costs.
Index :
Yes / No 17.07.2023 NCC :
Yes / No gk 3/4
B.PUGALENDHI, J.
gk To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.
2.The Deputy Inspector General of Registration, Integrated Complex of Registration Department, St.Mark's Street, Behind John Higher Secondary School, Tirunelveli - 627 002.
3.The District Registrar, District Registrar Office, Marthandam, Kanyakumari District.
4.The Sub Registrar, Karungal Sub Registrar Office, Karungal, Kanyakumari District.
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