Madras High Court
M.T.Sirajudeen vs The Inspector Of General on 20 July, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.25994 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.25994 of 2016
M.T.Sirajudeen ...Petitioner
Vs.
1.The Inspector of General,
Registration Department,
No.100, Santhome Road,
Chennai-28.
2.The District Registrar,
District Registration Office,
Cuddalore District.
3.The Sub Registrar,
Sub Registrar Office,
KattuMannur Koil,
Cuddalore District. ...Respondents
Petition filed under Article 226 of the Constitution of India to issue a
Writ of Certiorarified Mandamus to call for the records in connection with
Na.Ka.No.87/2016, dated 02.05.2016 by the 3rd respondent and quash the
same the same as being illegal, arbitrary, extraneous and this Hon'ble Court
may pass a direction to the 2nd respondent to conduct an Inquiry in view of
the judgment rendered by this Hon'ble Court in W.P.No.5908/2012
Ramasamy Vs. State of Tamil Nadu dated on 17.07.2014.
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W.P.No.25994 of 2016
For Petitioner : Mr.A.Raja Mohamed
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
The petitioner has filed this writ petition to call for the records in connection with Na.Ka.No.87/2016, dated 02.05.2016 by the 3rd respondent and quash the same the same as being illegal, arbitrary, extraneous and this Court may pass a direction to the 2nd respondent to conduct an Inquiry in view of the judgment rendered by this Court in W.P.No.5908/2012 Ramasamy Vs. State of Tamil Nadu dated on 17.07.2014.
2. The case of the petitioner is that the property in S.No.36/8B was belong to Wakf Board. However, the property was alienated by one Kaleelullah vide Document No.2422 of 2009 dated 21.09.2009 on the file of Sub Registrar, Kattumanarkoil. Aggrieved by the same,the petitioner made a representation before the District Registrar, on 30.01.2013. The District Registrar forwarded the same to the Sub Registrar. The Sub Registrar rejected the petitioner's representation on 02.05.2016 in Na.Ka.No.87/2016. Aggrieved by the same, the petitioner filed this writ petition with the aforesaid prayer.
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3. The learned counsel appearing on behalf of the petitioner submitted that as per Section 67 of the Registration Act, the District Registrar is the competent authority to take decision on the petitioner's representation. But, the District Registrar forwarded the petitioner's representation to the Sub Registrar which is not sustainable. It is further his submission that it would suffice, if this Court permits the petitioner to file fresh representation to the District Registrar and issue direction to the District Registrar to consider and pass orders in accordance with law, within a time frame fixed by this Court.
4. The Special Government Pleader appearing on behalf of the official respondents has no serious objections to such an order being passed.
5. Considering the limited request made by the learned counsel for the petitioner, this Court permits the petitioner to made an fresh representation to the jurisdictional District Registrar, within a period of two weeks from the date of receipt of a copy of this order. If such representation is filed, the jurisdictional District Registrar is directed to consider the same and pass appropriate orders, thereafter, after providing an opportunity of hearing to the said Kaleelullah and aggrieved parties, if any.
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6. Accordingly, this writ petition is disposed of. No costs.
20.07.2022
Speaking Order : Yes/ No
Index : Yes/ No
Psa
To
1.The Inspector of General,
Registration Department,
No.100, Santhome Road,
Chennai-28.
2.The District Registrar,
District Registration Office,
Cuddalore District.
3.The Sub Registrar,
Sub Registrar Office,
KattuMannur Koil,
Cuddalore District.
M.DHANDAPANI,J.
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W.P.No.25994 of 2016
Psa
W.P.No.25994 of 2016
20.07.2022
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