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Madras High CourtWP(MD)/26889/2022disposed of

Chandramohan.A.G v. The Inspector General Of Registration

2022-11-29Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.26889 of 2022 A.G.Chandramohan .. Petitioner Vs.

1.The Inspector General of Registration, 100, Santhom High Road, Mullima Nagar, Manthaivelipakkam, Raja Annamalaipuram, Chennai-600 028.

2.The District Registrar, District Registrar Office, Madurai North, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y.Othakadai, Madurai-625 107.

3.The Sub Registrar, Tallakulam Sub Registrar Office, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y.Othakadai, Madurai-625 107.

4.Madi @ Shanmugavalli 5.Senthilkumar Raja 6.B.Vijayalakshmi 7.B.Geetha 8.B.Bhama 9.K.Sekar .. Respondents 1/5

Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to conduct enquiry and cancel the false documents executed by the fourth and fifth respondents in Document Nos.2344 of 2022, dated 18.05.2022, 3230 of 2022, dated 06.07.2022 and 2344 of 2022, dated 17.06.2022 within the time stipulated by this Court.

For Petitioner : Mr.M.Kannan For R1 to R3 : Mrs.S.Jeyapriya Government Advocate

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the second respondent to conduct enquiry and cancel the false documents executed by the fourth and fifth respondents in Document Nos. 2344 of 2022, 3230 of 2022 and 2344 of 2022, dated 18.05.2022, 06.07.2022 and 17.06.2022, respectively within the time to be stipulated by this Court. 2.Heard Mr.M.Kannan, learned counsel appearing for the petitioner, Mrs.S.Jeyapriya, learned Government Advocate, who takes notice for the respondents 1 to 3. Considering the nature of order proposed to be passed in this writ petition, notice to the respondents 4 to 9 is dispensed with. By consent of both parties, this writ petition is taken up for final disposal. 2/5

3. The grievance of the petitioner is that the representation submitted by the petitioner seeking to cancel the false documents, has not been considered.

4. The learned counsel for the petitioner submitted that the private respondents herein fraudulently obtained documents in their favour with the regard to the petition mentioned property. Based on the same, the private respondents are trying to trespass into the property of the petitioner. Hence, the petitioner made a representation on 16.11.2022 requesting them to conduct enquiry and cancel all the documents, which were fraudulently obtained. Since the said representation has not been considered till date, this writ petition has been filed.

5. No prejudice would be caused to the respondents, if the representation of the petitioner dated 16.11.2022 is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any.

6. Accordingly, this Court, without expressing any opinion on the merits of the matter, directs the official respondents consider the representation of the petitioner, dated 16.11.2022 seeking to cancel the false documents with regard to his property and pass appropriate orders on merits and in accordance with 3/5

law, after issuing notice to the petitioner as well as the rival claimants, if any, within a period of twenty [20] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

29.11.2022 Index : Yes/No Internet : Yes/No ta To 1.The Inspector General of Registration, 100, Santhom High Road, Mullima Nagar, Manthaivelipakkam, Raja Annamalaipuram, Chennai-600 028.

2.The District Registrar, District Registrar Office, Madurai North, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y.Othakadai, Madurai-625 107.

3.The Sub Registrar, Tallakulam Sub Registrar Office, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y.Othakadai, Madurai-625 107.

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V.BHAVANI SUBBAROYAN, J.

ta Order made in W.P.(MD) No.26889 of 2022 29.11.2022 5/5