← Library
Madras High CourtWP(MD)/21686/2022disposed of

Sivanandi. S.R v. The Inspector General Of Registration

2022-09-28Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.21686 of 2022 S.R.Sivanandi ... Petitioner vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai.

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

3. The Sub Registrar, Thiruparankundram, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to consider and dispose of the petitioner's representation dated 11.08.2022, in the light of the Circular issued by the first respondent on 31.07.2018.

1/6

For Petitioner : Mr.R.Anand For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to consider and dispose of the petitioner's representation dated 11.08.2022, in the light of the Circular issued by the first respondent, dated 31.07.2018.

2. Heard Mr.R.Anand, learned counsel for the petitioner and Mr.S.R.A.Ramachandran, learned Additional Government Pleader appearing for the respondents.

3. The case of the petitioner is that he is the owner of the land in S.Nos.361/1A, 361/1C, 361/7A1A1/, 361/10, 361/11A and 250/1 situated at Vilacheri Village, Thiruparankundram, Madurai District. One Thangam Poosari has fabricated a document dated 06.05.1991 in respect of S.No. 2/6

350/1 to an extent of 20 cents and got it registered fraudulently. Hence, the petitioner has made a complaint to the Inspector General of Registration, on 08.11.2017. Based on the same, the document registered vide Doc.No.779/1991 was ordered to be cancelled by the said authority on 14.03.2022. Again, the legal heirs of Thangam Poosari have registered another document on 01.12.2021 in Doc.No.4755 of 2021 in favour of one Radhakrishan. That apart, for suppressing their fake claim, on 18.02.2022, through Document No.720/2022, the legal heirs of Siva Bharathi, who is the daughter of Thangam Poosari has registered a deed of affirmation. Hence, the petitioner has submitted a representation before the respondents 1 and 2 and the copy of the same also sent to them through registered post on 11.08.2022.

However, till date no action has been taken on the petitioner's representation, dated 11.08.2022. Therefore, the petitioner has approached this Court, seeking a direction to the second respondent to consider and dispose of the petitioner's representation, dated 11.08.2022, in the light of the Circular issued by the first respondent, dated 31.07.2018.

3/6

4. The learned counsel appearing for the petitioner would submit that it would suffice if a direction is issued to the second respondent to consider the representation of the petitioner, dated 11.08.2022.

5. In the light of the submission made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the petitioner, dated 11.08.2022 and pass orders, based on the Circular issued by the first respondent, dated 31.07.2018, as well as the amendments in Section 77(A) of the Registration Act, as early as possible.

6. With the above direction, this Writ Petition is disposed of. No costs.

28.09.2022 Index:Yes/No Internet:Yes/No akv 4/6

To

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai.

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

3. The Sub Registrar, Thiruparankundram, Madurai District.

5/6

V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.21686 of 2022 28.09.2022 6/6