Sivaraman. R v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Sivaraman ... Petitioner Vs 1.The Inspector General of Registration, 100, Santhome Road, Chennai - 600 028.

2.The Deputy Inspector General of Registration, Integrated Registration Office Complex, Othakadai Registration Office, Rajagambeeram, Othakadai, Madurai District.

3.The District Registrar, Kanyakumari District, Kanyakumari.

4.The Sub Registrar, Kottaram Sub Registrar Office, Kottaram, Kanyakumari District.

5.Duraiswamy 6.Viswanathan

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 21.10.2021. For Petitioner : Mr.Vishnuvarthanan For R-1 to R-4 : Mr.A.K.Manikkam, Special Government Pleader For R-5 & R-6 : Mr.M.Krishnasreethar

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing respondent Nos.1 to 4 and particularly, the third respondent to deal with the representation made by the petitioner on 21.10.2021.

2. The grievance of the petitioner is that he is the owner of the subject property and that the patta stood in the name of the grandfather of the petitioner. While so, the fifth and sixth respondents have formed a layout and they attempted to show the patta land as a pathway and were creating documents and registering the same before the fourth respondent. The petitioner had made an objection in this regard before the third and fourth respondents. Since the same was not considered, the present Writ Petition has been filed before this Court.

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3. Heard the learned counsel on either side.

4. Taking into consideration the facts and circumstance of the case and the specific grievance that has been expressed by the petitioner, this Court is inclined to direct the third respondent to conduct an enquiry based on the objections given by the petitioner on 21.10.2021. While conducting this enquiry, the fifth and sixth respondents shall be issued notice and they shall also be given an opportunity. The third respondent shall take a decision on the objections submitted by the petitioner on 21.10.2021 within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the third respondent along with a copy of this order and a copy of the same shall also be marked to the fourth respondent.

5. This Writ Petition is disposed of with the above directions. No costs.

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To 1.The Inspector General of Registration, 100, Santhome Road, Chennai - 600 028.

2.The Deputy Inspector General of Registration, Integrated Registration Office Complex, Othakadai Registration Office, Rajagambeeram, Othakadai, Madurai District.

3.The District Registrar, Kanyakumari District, Kanyakumari.

4.The Sub Registrar, Kottaram Sub Registrar Office, Kottaram, Kanyakumari District.

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N.ANAND VENKATESH, J.

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