Madras High Court
Chinasamy vs The District Registrar on 22 February, 2022
W.P. No.3369 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2022
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P. No.3369 of 2022
Chinasamy ... Petitioner
Vs.
1.The District Registrar,
Krishnagiri,
Krishnagiri District.
2.The Sub-Registrar,
Kaveripattinam,
Krishnagiri District.
3,C.Perisamy
4.Chinnasamy
5.Kuttiyammal
6.Sarasu ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents 1 and to to cancel
the settlement deed dated 06.03.2009 vide Document No.592 of 2009 on the
file of S.R.O., Kaveripattinam as null and void and fraudulent one, based on
the representation dated 09.12.2021 and in the light of judgment dated
17.06.2021 made in W.P.(M.D) No. 10177 of 2021.
For Petitioner : Mr.C.Prabakaran
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
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1/5
W.P. No.3369 of 2022
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Mandamus, to direct the 1st respondentto cancel the settlement deed dated
06.03.2009 vide Document No.592 of 2009 on the file of S.R.O.,
Kaveripattinam as null and void and fraudulent one, based on the
representation dated 09.12.2021 and in the light of judgment dated
17.06.2021 made in W.P.(M.D) No. 10177 of 2021.
2. The Special Additional Government Pleader takes notice to the
official respondents. Since, no adverse orders is being passed against the
private respondents, notice to the private respondents is dispensed with.
3. The case of the petitioner is that the petitioner is the owner of the
property comprised in Survey Nos. 178/3, 178/4. 178/2, 178/5, 178/9 and
186/7 situate at Jagathap Village, Krishnagiri Taluk and District. However,
without the knowledge of the other pattadhars and petitioners the private
respondents created a settlement deed in favour of the 3rd respondent vide
Document No.592 of 2009 on the file of S.R.O., Kaveripattinam. The said
settlement deed was executed without the consent of the petitioner. Therefore,
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W.P. No.3369 of 2022
the petitioner made a representation to the first respondent on 09.12.2021 to
cancel the fraudulent document under Section 68(2) of the Registration Act.
But, till date no orders have been passed. Hence, this writ petition is filed.
4. The learned counsel for the petitioner submitted that it would
suffice, if this Court issues a direction to the respondents 1 and 2 to consider
and pass orders on the petitioner's representation dated 09.12.2021 in
accordance with law and pass appropriate orders within a particular time
frame fixed by this Court.
5. The learned Special Government Pleader appearing on behalf of
the respondent submits that the petitioner's representation dated 09.12.2021
will be considered by the respondents within the time frame fixed by this
Court.
6. Considering the facts and circumstances, the respondents 1 and
2 are directed to consider the petitioner's representation dated 09.12.2021
and pass orders on merits and in accordance with law after providing
opportunity of hearing to the petitioner and the other private respondents
within a period of twelve weeks from the date of receipt of a copy of this
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W.P. No.3369 of 2022
order.
7. With the above direction, this Writ Petition is disposed of. No
costs.
22.02.2022
Index : Yes / No
Internet : Yes / No
Speaking order / Nonspeaking order
Psa
To
1.The District Registrar,
Krishnagiri,
Krishnagiri District.
2.The Sub-Registrar,
Kaveripattinam,
Krishnagiri District.
https://www.mhc.tn.gov.in/judis
W.P. No.3369 of 2022
M.DHANDAPANI, J.
Psa
W.P. No.3369 of 2022
22.02.2022
https://www.mhc.tn.gov.in/judis
