Madras High CourtWP(MD)/25031/2023disposed of

Kannan P v. The District Registrar South

2023-11-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Kannan ... Petitioner Vs.

1.The District Registrar South, Office of the District Registrar, Madurai, Madurai District.

2.The Sub Registrar Office, Office of the Sub Registrar, Peraiyur, Madurai District.

3.S.Alagumalai 4.A.Pandiammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to cancellation of Deed in 02.12.2021 bearing Document No.5106/2021 by considering the petitioner's representation 1/4

dated on 10.02.2023 within stipulated by this Court may deem fit and proper in the circumstances of this case.

For Petitioner : Mr.R.Rajaselvan For Respondents : Mr.M.Prakash Additional Government Pleader for R.1 & R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the official respondents. Since notice was issued to the respondents 3 and 4 but they have not chosen to enter appearance.

2.The petitioner questions the registration of the petition mentioned document. During the relevant time the following circulars were issued by the Inspector General of Registration were holding the field:

"(a) Letter No.41350/U1/2017 dated 31.07.2018 (b) Letter No.41350/U1/2017 dated 21.12.2020" 2/4

Of course, Section 77-A of the Registration Act cannot be invoked for the present. The first respondent is directed to hold an enquiry in terms of the aforesaid circulars and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. It is for the first respondent to put on notice all the interested parties including the private respondents herein before passing orders.

3. This writ petition is disposed of accordingly. There shall be no order as to costs.

21.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Registrar South, Office of the District Registrar, Madurai, Madurai District.

2.The Sub Registrar Office, Office of the Sub Registrar, Peraiyur, Madurai District.

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G.R.SWAMINATHAN, J.

MGA 21.11.2023 4/4