Madras High CourtWP(MD)/22221/2022disposed of

Ashok.C v. The District Registrar

2022-11-10Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.22221 of 2022 C.Ashok ... Petitioner vs.

1.The District Registrar, Office of the District Registrar, Tirunelveli District.

2.The Sub Registrar, Office of the Sub Registrar, Moolakkaraipatti Sub Registrar Office, Tirunelveli District.

3.Natchiyar Ammal 4.Venkata Lakshmi Ammal 5.Subbaiah Pillai ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to enquire into the genuineness of registered Document No.1564 of 2008, dated 15.07.2008 at Sub Registrar Office, Moolakkaraipatti, 1/5

Tirunelveli District and also direct the respondents to take necessary action on the basis of the petitioner's representation, dated 05.09.2022. For Petitioner : Mr.B.Jameel Arasu For R1 & R2 : 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 respondents 1 and 2 to enquire into the genuineness of registered Document No.1564 of 2008, dated 15.07.2008 at Sub Registrar Office, Moolakkaraipatti, Tirunelveli District and also direct the respondents to take necessary action on the basis of the petitioner's representation, dated 05.09.2022.

2. The case of the petitioner is that he is the owner of the property in S.No.282/B2 to an extent of 1 acre 66 cents situated at Kaadankulam Village, Thirumalapuram and he is in possession and enjoyment of the same. While so, a forged sale deed has been registered in respect of the above said property by one Nachiarammal and Venkatalakshmi in favour 2/5

of one Subbiah Pillai vide Document No.1564/2008, dated 15.07.2008 in the Sub Registrar Office, Moolakkaraipatti Village, Tirunelveli District. Hence, the petitioner has sent a detailed representation to the respondents 1 and 2 on 05.09.2022, requesting them to take necessary action in accordance with law. Even though though the same was acknowledged by the respondents 1 and 2, no action was taken till date. Hence, the petitioner has filed the present writ petition.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2.

4. Considering the prayer sought for by the petitioner, this Court directs the respondents 1 and 2 to conduct an enquiry with regard to the genuineness of registered Document No.1564 of 2008, dated 15.07.2008 and pass orders, based on the petitioner's representation, dated 05.09.2022, as per the seniority of cases already pending. 3/5

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

10.11.2022 akv To 1.The District Registrar, Office of the District Registrar, Tirunelveli District.

2.The Sub Registrar, Office of the Sub Registrar, Moolakkaraipatti Sub Registrar Office, Tirunelveli District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.22221 of 2022 10.11.2022 5/5