Singaram.R.M. v. The Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25825 of 2022 R.M.Singaram represented by Power Agent N.Jayakumar ... Petitioner vs.
1.The Inspector General of Registration, Santhom High Road, Chennai-600 028.
2.The Deputy Inspector of General of Registration, Government Multistored Building, Race Course Road, Kajamalai Colony, Tiruchirappalli District.
3.The District Registrar, Tiruchirappalli, Tiruchirappalli District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to complete the enquiry proceedings in pursuant to the notice issued in Na.Ka.5693/E1/2021, dated 10.01.2022 and within the time frame fixed by this Court.
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For Petitioner : Mr.M.Rajarajan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader
O R D E R
This writ petition has been filed for issuance of a Writ of Mandamus, directing the 2nd respondent to complete the enquiry proceedings, pursuant to the notice issued in Na.Ka.5693/E1/2021, dated 10.01.2022
2. Heard Mr.M.Rajarajan, learned counsel appearing for the petitioner and Mr.K.S.Selvaganesan, learned Additional Government Pleader appearing for the respondents.
3. The case of the petitioner is that he has purchased the property in T.S.No.123 (Old S.No.111) to an extent of 39,039 sq.ft. situated at Kottapattu Village, Tiruchirapalli City for a valuable consideration, on 23.09.2014 and he is in possession and enjoyment of the same. While so, one Karuppiah has fabricated several documents and contrived to convey 2/6
the property by way of settlement in favour of his son. On coming to know about the fraud, the legal representatives of the original owner lodged a complaint before the land grabbing special unit and a case was registered against them vide Crime No.7/2014 and the trial is pending.
4. The said Manikanda Raja along with one Syed Abutahir approached the Revenue Divisional Officer, Trichy seeking cancellation of the deed. The Revenue Divisional Officer, Trichy without conducting any enquiry has passed the impugned order dated 27.11.2019, directing the Sub-Registrar, Trichy to cancel the sale deed. Pursuant to the said order, the third respondent has issued notice to the petitioner. Thereafter, the petitioner filed a writ petition in W.P.(MD)No.5426 of 2022 before this Court and obtained an order of interim stay and the same is still pending for adjudication. In the meantime, the third respondent has passed an erroneous order. Against which, he preferred an appeal before the second respondent and the second respondent has issued notice to the petitioner and other private parties. Pursuant to the same, the petitioner has appeared before the second respondent on 20.01.2022 and thereafter, 3/6
no enquiry is conducted and the appeal is pending. Hence, the present writ petition has been filed.
5. The learned Additional Government Pleader appearing for the respondents would submit that the appeal filed by the petitioner will be disposed of within a period of sixteen weeks.
6. Considering the submission made by the learned Additional Government Pleader, this Court directs the second respondent to dispose of the petitioner's appeal, on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs.
15.11.2022 Index:Yes/No Internet:Yes/No akv 4/6
To 1.The Inspector General of Registration, Santhom High Road, Chennai-600 028.
2.The Deputy Inspector of General of Registration, Government Multistored Building, Race Course Road, Kajamalai Colony, Tiruchirappalli District.
3.The District Registrar, Tiruchirappalli, Tiruchirappalli District.
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V.BHAVANI SUBBAROYAN,J.
akv W.P(MD)No.25825 of 2022 15.11.2022 6/6