Madras High CourtWP(MD)/17719/2023disposed of

Jayakumar.D v. The Inspector General Of Registration

2023-07-21Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI D.Jayakumar ... Petitioner versus

1. The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar (Administration), Madurai South Registration District, No.171, Palace Road, Madurai South, Madurai District - 625 001.

3. The Sub Registrar, Office of the Sub Registrar, Kallikudi Taluk, Madurai District.

4. V.Poochappan

5. Rengaswamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India, 1/4

seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent to conduct enquiry and cancel the fraudulent sale deed executed by the 4th respondent in favour of 5th respondent Rengasamy, son of Chinna Venkataram vide Document No.3923/2022 dated 30.11.2022 on the basis of his representation dated 21.06.2023, within the time stipulated by this Court.

For Petitioner : Mr.P.Deepak For R1 to R3 : Ms.D.Farjana Ghoushia, Special Government Pleader

ORDER

The case of the petitioner is that the 4th respondent has executed a mortgage deed in his favour for the land in Survey No.33/6B1 to an extent of 28 cents, by way of a registered document dated 08.12.2020. When the registration of mortgage deed has already been made, the 3rd respondent has registered a sale deed, executed by the 4th respondent in favour of the 5th respondent with regard to the same property, vide document No.3923/2022 dated 30.11.2022. On knowing the same, the petitioner has submitted a representation to the respondents requesting them to cancel the sale deed executed by the 4th respondent in respect 2/4

of the land mortgaged by him. Since the said representation has not been considered, the petitioner has filed this writ petition.

2. Ms.D.Farjana Ghoushia, learned Special Government Pleader, on instructions, submits that the petitioner's representation has been taken on File No.5651/Aa2/2023 and it is under consideration. She further submits that the petitioner has submitted his representation only on 13.06.2023 and filed this writ petition within a period of one month.

3. In view of the above, this writ petition is disposed of with a direction to the second respondent to dispose of the petitioner's representation, after providing an opportunity of hearing to the parties concerned, within a period of six months from the date of receipt of a copy of this order. No costs.

21.07.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar (Administration), Madurai South Registration District, No.171, Palace Road, Madurai South, Madurai District - 625 001.

3. The Sub Registrar, Office of the Sub Registrar, Kallikudi Taluk, Madurai District.

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