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Madras High CourtWP(MD)/31197/2024disposed of

L.Gowri v. The District Registrar

2024-12-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN L.Gowri ... Petitioner /Vs./

1. The District Registrar, Karaikudi, Sivagangai District.

2. The Sub Registrar Joint - I, Karaikudi, Sivagangai District.

3. The Sub Registrar Joint - II, Karaikudi, Sivagangai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents to dispose the Petitioner's petition in Na.Ka.No.2702/A4/2023 dated 11.07.2023 pending on the file of the 1st respondent, within the stipulated time fixed by this Court.

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For Petitioner : Mr.S.Mahendra Pathy For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the 2nd respondents to dispose the representation submitted by the petitioner dated 19.06.2023 seeking to declare all the sale deeds as fraudulent one which is now pending on the file of the first respondent in Na.Ka.No. 2702/A4/2023 dated 11.07.2023.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel on either side and perused the materials placed before this Court.

3. Though the provision under Section 77A of the Registration Act, 1908, is declared as unconstitutional, the first respondent has no jurisdiction to enquire under Sections 82 and 83 of the Registration Act, 1908.

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4. In view of the above, the first respondent is directed to dispose of the representation submitted by the petitioner dated 19.06.2023, which is now pending on the file of the first respondent in Na.Ka.No. 2702/A4/2023 dated 11.07.2023, after issuing notice to the petitioner and the counter parties, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

20.12.2024 Index : Yes / No NCC : Yes / No sm TO:-

1. The District Registrar, Karaikudi, Sivagangai District.

2. The Sub Registrar Joint - I, Karaikudi, Sivagangai District.

3. The Sub Registrar Joint - II, Karaikudi, Sivagangai District.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

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