Madras High Court
V.K.Gunasekaran vs The Inspector General Of Registration on 19 February, 2015
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2015
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.No.4278 of 2015
V.K.Gunasekaran ...Petitioner
Vs
1. The Inspector General of Registration,
Door No.100, Santhome High Road,
Santhome, Chennai 600 028
2. The Deputy Inspector General of Registration,
3rd Floor, District Collector's office Complex,
Salem.
3. The District Registrar (Admin)
Namakkal
4. The Sub Registrar,
Mallasamuthiram,
Namakkal District. ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the petitioner's representation letter dated 16.10.2014 by conducting enquiry by the 3rd respondent and consequently direct the 4th respondent not to register any sale deeds or any instruments in relation to property comprised in survey nos. 42/1, 42/8, 42/12, 41/10, 41/11 and 22/10 situated at Vennathur Village, rasipuram Taluk, Namakkal District.
For Petitioner : Ms.S.Hemalatha
For Respondents : Mr.R.Vijayakumar
Additional Government Pleader
O R D E R
Heard Ms.S.Hemalatha, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents.
2.The petitioner seeks to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the petitioner's representation letter dated 16.10.2014 by conducting enquiry by the 3rd respondent and consequently direct the 4th respondent not to register any sale deeds or any instruments in relation to property comprised in survey nos. 42/1, 42/8, 42/12, 41/10, 41/11 and 22/10 situated at Vennathur Village, rasipuram Taluk, Namakkal District.
3. In the affidavit filed in support of the writ petition, the petitioner is referring to names of certain private parties, who according to the petitioner are not entitled to execute any document. The petitioner has also referred to a Judgment in O.S.No.1279 of 2009 dated 30.11.2010 on the file of District Munsif Court, Rasipuram and the suit was filed by the petitioner for partition.
4.In the absence of private party against whom the allegations have been made by the petitioner as respondents in this Writ petition, no positive direction can be granted as sought for by the petitioner. However, it is seen that the 2nd respondent vide communication dated 24.10.2014 has issued the following direction to the 3rd respondent:-
ghh;itapy; fhQqk; g[fhh; kDjhuhpd; kD efy; ,j;Jld; ,izj;J mDg;gpitf;fg;gLfpwJ/ nkw;go kDtpy;. ehkf;fy; gjpt[ khtl;lk; ,uhrPg[uk; tl;lk; btz;ze;J}h; fpuhkk; rh;nt vz; 42-1. 42-8. 42-12. 41-10. 41-11. 22-10? Mfpa ,g;g[u vz;fspy; gjpt[ bra;ag;gl;l ky;yrKj;jpuk; rhh;gjptf Mtz vz; 5851-10 nghyp Mtzk; vd bjhptpf;fg;gl;Ls;sJ/ vdnt. ,k;kDtpd; kPJ tprhuiz nkw;bfhz;L kDjhuUf;F chpa gjpypid tH';ff; nfhug;gLfpwJ/ njit Vw;god; mwpf;if rkh;g;gpf;f khtl;lg; gjpthsh; (eph;thfk;) nfhug;gLfpwhh;/ In the light of the above, this Writ petition is disposed of by directing the 2nd respondent to consider the petitioner's representation after issuing notice to the petitioner and all the other persons, who are T.S.SIVAGNANAM,J., ssd likely to be aggrieved and after conducting enquiry, pass appropriate orders on merits and in accordance with law as expeditiously as possible. No costs. 19.02.2015 Index: Yes/No Internet: Yes/No To
1. The Inspector General of Registration, Door No.100, Santhome High Road, Santhome, Chennai 600 028
2. The Deputy Inspector General of Registration, 3rd Floor, District Collector's office Complex, Salem.
3. The District Registrar (Admin) Namakkal
4. The Sub Registrar, Mallasamuthiram, Namakkal District.W.P.No.4278 of 2015