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Madras High CourtWP(MD)/24429/2016disposed of

Udhayakumar, v. The Inspector General Of

2023-01-11Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.24429 of 2016 Udhayakumar ..... Petitioner - Vs1. The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome, Chennai - 600 028.

2. The District Registrar, Office of the District Registrar, Pudhukkottai District.

3. The Sub-Registrar, Annavasal Sub Registrar Office, Pudhukkottai District.

4. Natarajan

5. Salai Sivadhanan

6. Chidambaram ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second 1/5

respondent to issue proper notice to the respondents No.4 to 6 and to consider the petitioner's representation dated 25.11.2016 within a time frame that may be stipulated by this Court and directing the second respondent to cancel the forged Sale Deed in Document No.408 of 2013, dated 28.02.2013 and connected forged Sale Deed in Document No.486 of 2013, dated 13.03.2013 on the file of the third respondent, as per the Circular issued by the first respondent in his Circular No.67 in C.No. 52338/C1/2011, dated 03.11.2011.

For Petitioner : Mr.R.Udhayakumar For Respondents : Mr.S.Shanmugavel Additional Government Pleader (For R1 to R3) : No appearance (For R-4 and R-6)

ORDER

The present Writ Petition has been filed seeking for a writ of Mandamus to direct the second respondent to issue proper notice to the respondents No.4 to 6 and to consider the petitioner's representation dated 25.11.2016 within a time frame that may be stipulated by this Court and directing the second respondent to cancel the forged Sale Deed in Document No.408 of 2013, dated 28.02.2013 and connected forged Sale Deed in 2/5

Document No.486 of 2013, dated 13.03.2013 on the file of the third respondent, as per the Circular issued by the first respondent in his Circular No.67 in C.No.52338/C1/2011, dated 03.11.2011.

2. The Mandamus sought for is based on Circular No.67 which has been quashed by the Hon'ble Apex Court. The State of Tamil Nadu has also brought amendment by inserting Section 77-A of Tamil Nadu Registration Act.

3. Considering the limited prayer sought for in this Writ Petition, the petitioner is permitted to approach the second respondent herein, by filing appropriate application under Section 77-A of the Tamil Nadu Registration Act. On filing such application, the second respondent shall after issuance of notice to all the necessary parties concerned and after affording an opportunity to them and pass appropriate orders on merits and in accordance with law as expeditiously as possible.

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4. In view of the above said observation, this Writ Petition is disposed of. No costs.

11.01.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To

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

2. The District Registrar, Office of the District Registrar, Pudhukkottai District.

3. The Sub-Registrar, Annavasal Sub Registrar Office, Pudhukkottai District.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.24429 of 2016 11.01.2023 5/5