Amani Abu Ayub Ansari.M v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.26306 of 2022 M.Amani Abu Ayub Ansari .. Petitioner

Versus

1.The District Registrar (Administration), Registration Department, Diindigul District, Dindigul.

2.The Joint Sub-Registrar No.I, Sub-Registrar Office, Dindigul.

3.Rengasamy Reddiar, S/o.Pappu Reddiar .. Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation, dated 09.11.2022 and conduct enquiry and dispose the same, within a stipulated time. For Petitioner :

Mr.A.Chandrakumar For Respondents 1 and 2:

Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to conduct an enquiry on his representation, dated 09.11.2022 and dispose the same, within a time frame. 1/5

2. Heard Mr.A.Chandrakumar, learned counsel appearing for the petitioner and Mr.S.R.A.Ramachandran, learned Additional Government Pleader, who takes notice for the respondents 1 and 2. By consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Having regard to the nature of the order proposed to be passed in this Writ Petition, notice to the third respondent is dispensed with.

4. According to the learned counsel for the petitioner, the petitioner entered into a sale agreement with the third respondent to purchase his properties in S.Nos.358/2 A1A1 and 366/1, measuring an extent of 1.50 Acres, situated at Seelapadi Village, Dindigul District, on 19.08.2015 and also paid a sum of Rs.1,00,000/- as advance. However, the third respondent did not come forward to execute the sale deed. Hence, the petitioner sent a legal notice to him on 14.09.2017, requesting him to either execute the sale deed or return the advance amount. But, the third respondent did not respond to the same. Hence, the petitioner filed a suit in O.S.No.249 of 2018 before the Principal District Court, Dindigul. Along with the suit, the petitioner also filed an application for interim injunction restraining the third respondent from alienating the suit schedule properties and the same is still pending. However, 2/5

the third respondent has approached the second respondent and presented a sale deed to sell the properties in question to some third parties. Hence, the petitioner submitted a representation to the respondents 1 and 2 on 09.11.2022 to conduct an enquiry before registering the sale deed. However, the respondents 1 and 2 have not considered the request of the petitioner so far. Hence, the petitioner has filed the present Writ Petition for the relief stated supra.

5. The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that an enquiry would be conducted based on the representation of the petitioner, dated 09.11.2022 and appropriate order would be passed, within a time frame to be fixed by this Court.

6. Recording the aforesaid submission made by the learned Additional Government Pleader appearing for the respondents 1 and 2, this Court, without going into the merits of the case, directs the respondents 1 and 2 to conduct an enquiry on the petitioner's representation, dated 09.11.2022, after issuing notice to all the necessary parties concerned and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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

Index : Yes/No 22.11.2022 smn2 To 1.The District Registrar (Administration), Registration Department, Diindigul District, Dindigul.

2.The Joint Sub-Registrar No.I, Sub-Registrar Office, Dindigul.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 22.11.2022 5/5