Pothiraj v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.26402 of 2022 and W.M.P.(MD)No.20585 of 2022 Pothiraj .. Petitioner Vs.

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

2.The Sub-Registrar, Sub-Registrar Office, Sattur, Virudhunagar District.

3.Veeramani 4.Rajendran 5.M/s. S& P Agro Product Private Limited, Old Address: Office at No.27B, Madley Road, T.Nagar, Chennai-600 017.

New Address: Office at 4th Floor, Nalli Silks, Adayar, Chennai.

6.Suresh .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to cancel the fraudulent sale deed of Doc.No.1169/2007, dated 19.02.2007 registered at the second respondent Sub-Registrar Office.

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For Petitioner : Mr.R.Murugappan For R1 & R2 : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to cancel the fraudulent sale deed of Doc.No. 1169/2007, dated 19.02.2007 registered at the second respondent SubRegistrar Office. 2.Heard Mr.R.Murugappan, learned counsel for the petitioner and Mr.K.S.Selvaganesan, learned Additional Government Pleader, who takes notice for the first and second respondents. Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents 3 to 6 is dispensed with. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that the representation made by the petitioner seeking to cancel the sale deed registered fraudulently has not been considered by the respondents.

4. The learned counsel for the petitioner submitted that the property in Survey No.338/9 to an extent of 0.31.00 ares situated at Pethureddipatti 2/5

Village, Sattur Taluk, Virudhunagar District are the properties of the petitioner's father. The petitioner along with his siblings are in possession of the said property. Even though, the respondents 3 to 6, who are no way connected with the family or to the property in question, registered a sale deed dated 19.02.2007 in their favour through fraudulent documents. Hence, the petitioner made a representation dated 18.10.2022 with all the required documents to the first respondent seeking to cancel the fraudulent registered sale deed. But, no action has been taken by the official respondents till date. Hence, the petitioner has filed the present petition. 5.The learned Additional Government Pleader appearing for the official respondents submits that the representation/complaint of the petitioner dated 18.10.

2022 will enquired and necessary orders will be passed shortly. 6.In view of the above submission, this Court without going into the merits of the matter, directs the first respondent to consider the petitioner's representation/complaint dated 18.10.2022 on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other necessary party, whom the first respondent deems fit to enquire, within a period of sixteen [16] 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. Consequently, connected miscellaneous petition is closed. 23.11.2022 Index : Yes/No Internet : Yes/No ta To 1.The District Registrar, Registration Office, Virudhunagar, Virudhunagar District.

2.The Sub-Registrar, Sub-Registrar Office, Sattur, Virudhunagar District.

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V.BHAVANI SUBBAROYAN, J.

ta Order made in W.P.(MD) No.26402 of 2022 23.11.2022 5/5