Madras High Court
P.Sathyabama vs Inspector General Of ... on 29 March, 2023
W.P.No.6724 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.6724 of 2023
P.Sathyabama ...Petitioner
Vs
1.Inspector General of Registration,
Registration Department, No.100,
Santhome High Road, Pattinapakkam,
Chennai-28.
2.The District Registrar, South Madras
Register Officer, Combined
Commercial Tax Building,
Nandanam, Chennai-35.
3.The Sub-Registrar, Pallavaram
Sub-Register Office, Pallavaram,
Chennai-43.
4.Mr.T.T.Vinayagaraj ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, directing respondent 1 to 3 to
consider the petitioner's representation dated 05.01.2023 pertaining to
removal of fraudulent sale deed document No.7944/2014 dated
17.09.2014 in Survey No.13, New Survey No.13/2A, Kovilambakkam
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.6724 of 2023
Village, Pallikaranai Firka Tambaram Taluk (at present Sholinganallur
Taluk), Kancheepuram District at present Chengalpattu District as total
extent of 0.75 out of 100 Cent or 0.1 Acre registered at the office of 3rd
respondent and make appropriate entries in the encumbrance registered
disposed the same in light of judgment passed by this Court in W.P.No.
6272/2022 dated 17.04.2022.
For Petitioner : Mr.K.Natarajan
For Respondents 1 to 3 : Mr.Yogesh Kannadasan,
Special Government Pleader
For Respondent-4 : Mr.S.Anburaja
ORDER
With the consent of both the parties, this Writ Petition is taken up
for final disposal at the admission stage itself.
2. The petitioner had given a representation dated 05.01.2023 to
respondents 1 to 3 seeking to take action under Section 77-A of the Tamil
Nadu Registration Act to cancel the fraudulent document, which was
registered in favour of the fourth respondent. Since the said
representation has not yet been considered, the Writ Petition has been
filed.
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W.P.No.6724 of 2023
3. It is needless to point out that whenever a representation of this
nature is made to a Statutory Authority, there is a duty cast upon the
official respondents to consider the same on its own merits and pass
appropriate orders in one way or other, instead of keeping the same
pending indefinitely. As such, non-consideration of the representation by
the Statutory Authority would amount to dereliction of duty and hence,
this Court will be justified in invoking its extraordinary powers under
Article 226 of Constitution of India and direct him to consider the same
within a stipulated time.
4. In the light of the above observations, there shall be a direction
to the first respondent herein to consider the petitioner's representation
dated 05.01.2023 in accordance with the procedure contemplated under
Section 77A of the Registration Act, after giving due opportunity to the
persons who had executed the sale deed, as well as the beneficiaries and
the witnesses to the deed of conveyance and any other persons who may
be interested in the subject property, within a period of twelve weeks
from the date of receipt of a copy of this order. It is made clear that this
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W.P.No.6724 of 2023
Court has not expressed any of its views with regard to the merits of the
claim made by the petitioner and that it is open to the concerned
respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands ordered. No
costs.
29.03.2023
Index:Yes/No
Neutral Citation:Yes/No
Speaking order/Non-speaking order
To
1.Inspector General of Registration,
Registration Department, No.100,
Santhome High Road, Pattinapakkam,
Chennai-28.
2.The District Registrar, South Madras
Register Officer, Combined
Commercial Tax Building,
Nandanam, Chennai-35.
3.The Sub-Registrar, Pallavaram
Sub-Register Office, Pallavaram,
Chennai-43.
RS/SNI
https://www.mhc.tn.gov.in/judis
W.P.No.6724 of 2023
M.S.RAMESH,J.
RS/SNI
W.P.No.6724 of 2023
29.03.2023
https://www.mhc.tn.gov.in/judis
