Pugalenthi v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 18.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.26166 of 2022 Pugalenthi ..Petitioner Vs 1.The District Registrar, Karaikudi, Sivagangai District.

2.The Sub-Registrar, Karaikudi-Thirupathur Sub Registrar Office, Karaikudi, Sivagangai District.

3.Chinnakarupi ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to cosider the Petitioner's representation, dated 27.6.2022 filed by the Petitioner, on the file of the first respondent.

For Petitioner :Mr.R.Narendran For Respondents:Ms.S.Jayapriya 1 and 2 Government Advocate

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the first respondent to consider the representation of the Petitioner, dated 27.6.2022.

2.Ms.S.Jayapriya, learned Government Advocate takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that Petitioner's deceased father is Subramaniam and his father's name is Kathaiah Pillai and he has five legal heirs including the Petitioner's father, who is the elder son of Kathaiah Pillai and other legal heirs are four sisters. The Petitioner's father died on 23.3.2022. After the death of his father, the Petitioner and other sisters decided to partition the ancestral properties of his grand-mother Papammal, wife of Kathaiah Pillai. A fake document was registered in respect of the Petitioner's family property in Document Registration No.

848/2003 executed by his father in favour one Chinnakaruppi, however, the Petitioner's father had executed only a lease deed in favour of Veeran for a period of five years from the date of registration ie., 13.12.1999. In this regard the Petitioner has submitted a representation, dated 27.6.2022 to the first respondent to cancel the registration of the document in favour of Chinnakaruppi. Since the same was not done till date, the Petitioner has filed the present Writ Petition for the relief stated supra.

4.The learned Government Advocate appearing for the respondents 1 and 2 would submit that the Petitioner's representation will be

considered on merits and in accordance with law, within the period stipulated by this Court.

5.In view of the above submission, this Court, without going into the merits of the matter, directs the first respodnent to consider the representationof the Petitioner, dated 27.6.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of 20 weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.

18.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Registrar, Karaikudi, Sivagangai District.

2.The Sub-Registrar, Karaikudi-Thirupathur Sub Registrar Office, Karaikudi, Sivagangai District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.26166 OF 2022 18.11.2022