Madras High CourtWP(MD)/17306/2015disposed of

Ramanathan, v. The District Registrar,

2023-01-02Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.17306 of 2015 Ramanathan ... Petitioner Vs.

1.The District Registrar (Administration), Palayamkottai, Tirunelveli District.

2.The Sub Registrar, Sub Registration Office, Alwarthirunagari, Thoothukudi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 18.08.2015 and consequently cancel the fake sale deed Document No.666/2014 dated 25.07.2014 on the file of the second respondent office within the time limit that may be stipulated by this Court in the circumstances of the case. For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.S.Shanmugavel Additional Government Pleader 1/4

ORDER

The writ petition has been filed seeking for issuance of writ of mandamus to direct the respondents to consider the petitioner's representation dated 18.08.2015 and consequently, to cancel the sale deed in Doc.No.666 of 2014 dated 25.07.2014 on the file of the second respondent. 2.The case of the petitioner is that pursuant to the circular dated 25.04.2012, the petitioner had made an application and the said application is still pending on the file of the first respondent. 3.Mr.S.Shamugavel, learned Additional Government Pleader appearing for the respondents would submit that the circular relied upon by the petitioner had been quashed by the Hon'ble Apex Court and thereafter, an amendment had been brought upon by introducing Section 77 A in the Registration Act. Hence, he would submit that the petitioner may approach the first respondent by filing an appropriate application under Section 77 A of the Registration Act.

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4.In view of the aforesaid submission, the petitioner is directed to make an appropriate application under Section 77 A of the Registration Act within a period of two weeks from the date of receipt of a copy of this order. The first respondent shall dispose of the said application filed by the petitioner on merits and in accordance with law, within a period of twelve weeks thereafter.

5.With the above direction, the Writ Petition is disposed of. No costs. 02.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk To 1.The District Registrar (Administration), Palayamkottai, Tirunelveli District.

2.The Sub Registrar, Sub Registration Office, Alwarthirunagari, Thoothukudi District.

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K.KUMARESH BABU, J.

Rmk Order made in W.P(MD)No.17306 of 2015 02.01.2023 4/4