Mariappan @ Marimuthu v. The Director Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25892 of 2022 Mariappan @ Marimuthu, S/o.Mariappan ... Petitioner Vs 1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2.The District Registrar, District Registration Office, Virudhunagar.

3.The Sub-Registrar, Rajapalayam Sub-Registrar Office, Rajapalayam, Virudhunagar District.

... 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 respondent to dispose the proceedings in A.thi.Moo.No.2474/Aa4/2022, dated 06.05.2022, within a time frame, on the basis of the petitioner's representation dated 16.05.2022.

For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader 1/5

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the second respondent to dispose the proceedings in A.thi.Moo.No. 2474/Aa4/2022, dated 06.05.2022, within a time frame, on the basis of his representation, dated 16.05.2022.

2. Heard Mr.E.Balasubramanian, learned counsel appearing for the petitioner and Mr.K.S.Selvaganesan, learned Additional Government Pleader, who takes notice for the respondents. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the learned counsel for the petitioner, the property in question originally belonged to the petitioner's grandfather namely, Chinnaiya Konar and the petitioner's father is the sole legal heir of his grandfather. After the death of the petitioner's father, his sister had executed a sale deed on 12.12.2005 in favour of the petitioner. Thereafter, in the year 2014, one Rasu @ Mariappan filed a suit in O.S.No.324 of 2014 before the Additional District Munsif Court, Srivilliputhur, against the petitioner and others, seeking to set aside the sale deed executed by the petitioner's sister as null and void. The said suit was partly allowed on 02.02.2019. However, the said Rasu @ Mariappan 2/5

executed a settlement deed in favour of his son namely, Kaliraj and subsequently, the said deed was cancelled.

4. Further, according to the learned counsel for the petitioner, one Kaliraj colluded with Palanichamy, created fabricated documents as if he is the owner of the said lands and executed sale deeds in favour of the said Palanichamy, vide Document Nos.1194 of 2022 and 1233 of 2022. Therefore, the petitioner sent a representation to the respondents to cancel the said documents, pursuant to which, the second respondent, vide his proceedings dated 06.05.2022, directed the petitioner to submit all the relevant documents in support of his claim. Thereafter, the petitioner has sent a representation dated 16.05.2022, to the respondents. However, no action has been taken so far. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

5. The learned Additional Government Pleader appearing for the respondents submitted that the enquiry is pending and the same would be completed and appropriate orders would be passed on merits and in accordance with law, within a time frame.

3/5

6. Recording the aforesaid submission made by the learned Additional Government Pleader appearing for the respondents, this Court, without going into the merits of the case, directs the second respondent to complete the enquiry and pass appropriate orders, on merits and in accordance with law, after providing an opportunity of hearing to all the necessary parties, within a period of 16 weeks from the date of receipt of a copy of this order.

7. This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 16.11.2022 smn2 To 1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2.The District Registrar, District Registration Office, Virudhunagar.

3.The Sub-Registrar, Rajapalayam Sub-Registrar Office, Rajapalayam, Virudhunagar District.

4/5

V.BHAVANI SUBBAROYAN, J.

smn2 W.P(MD)No.25892 of 2022 16.11.2022 5/5