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Madras High CourtWP(MD)/2313/2016disposed of

S.Manickavasagam, v. The Inspector General Of

2016-02-02Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.02.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.2313 of 2016 S.Manickavasagam ... Petitioner Vs.

1.The Inspector General of Registration, O/o.The Inspector General of Registration, Chennai - 600 028.

2.The District Registrar, Registration Department, Madurai District, Madurai.

3.The Sub-Registrar, O/o.Sub-Registrar, Peraiyur Sub Registrar Office, Peraiyur, Madurai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 and 2 to cancel the fraudulent power deed registered in Document No.3712/2015, dated 05.08.2015 on the file of the third respondent and initiate appropriate action in the light of Circular No.67, dated 03.11.2011 within the time frame stipulated by this Court. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The petitioner seeks for a Writ of Mandamus, to direct the respondents 1 and 2 to cancel the fraudulent power deed registered in Document No.3712/2015, dated 05.08.2015 on the file of the third respondent and initiate appropriate action in the light of Circular No.67, dated 03.11.2011 within the time frame stipulated by this Court.

2. By consent of both parties, the main Writ Petition itself is taken up for final disposal.

3. Mr.M.Rajarajan, learned Government Advocate takes notice for the respondents.

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4. It appears that the petitioner has ventilated his grievance by way of a representation, dated 06.11.2015 and 21.11.2015 to the

respondents 1 and 2 for cancelling the fraudulent deed registered in Document No.3712/2015, dated 05.08.2015 on the file of the third respondent and initiate appropriate action in the light of Circular No.67, dated 03.11.2011.

5. In view of the above, Circular No.67, dated 03.11.2011 is under challenge before the Division Bench of this Court, the respondents are directed to consider the representations of the petitioner, dated 06.11.2015 and 21.11.2015, subject to the validity of the circular and pass orders on the same on merits and in accordance with law, after affording an opportunity of hearing of other interested parties, if any. Such exercise shall be done by the respondents within a period of four weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of with the above direction. No costs. Sd/- Assistant Registrar(P&A) /True copy/ Sub AssistantRegistrar To 1.The Inspector General of Registration, O/o.The Inspector General of Registration, Chennai - 600 028.

2.The District Registrar, Registration Department, Madurai District, Madurai.

3.The Sub-Registrar, O/o.Sub-Registrar, Peraiyur Sub Registrar Office, Peraiyur, Madurai District.

sm:ALL-MPA:SAR I:16.2.2016:2P/4c W.P(MD)No.2313 of 2016 02.02.2016 https://hcservices.ecourts.gov.in/hcservices/