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[Cites 2, Cited by 0]

Madras High Court

C.Anjana Reddy vs The Deputy Inspector General Of ... on 20 March, 2023

Author: M.S.Ramesh

Bench: M.S. Ramesh

                                                                              W.P.No.8598 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 20.03.2023

                                                      CORAM:

                                  THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                                 W.P.No.8598 of 2023

                     C.Anjana Reddy                                          ...Petitioner

                                                         Vs

                     1.The Deputy Inspector General of Registration,
                       Salem Division [Registration Department],
                       Salem – 636 014.

                     2.The District Registrar,
                       Krishnagiri District.

                     3.Shanthama
                     4.Krishna Reddy
                     5.Muni Reddy
                     6.Sankar Reddy
                     7.Geetha
                     8.Prabhakar Reddy
                     9.G.Anuma Reddy                                         ...Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India to issue a Writ of Mandamus, directing the 1st respondent to cancel
                     the 47 fraudulent documents executed by the respondents 3 to 9 in
                     respect of the family properties of the petitioner situated at No.27,
                     Kampasandiram Village, Hosur Taluk, Krishnagiri District, comprised in

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https://www.mhc.tn.gov.in/judis
                                                                                W.P.No.8598 of 2023

                     Punja Paimash No.71, New S.No.11-Hectare 0.2.11,           Punja Paimash
                     No.72, New S.No.11-Hectare 0.0.10,           Punja Paimash No.73, New
                     S.No.11-Hectare 0.0.12, Punja Paimash No.66, New S.No.19-Hectare
                     1.25.7,        Punja Paimash No.57, New S.No.4 Hectare 7.11.8,         Punja
                     Paimash No.59, New S.No.2 & 3-Hectare 7.5.10, Punja Paimash No.47,
                     New S.No.11-Hectare 5.10.0,         Punja Paimash No.45, New S.No.12-
                     Hectare 3.24.5, Punja Paimash No.48, New S.No.10-Hectare 7.13.10,
                     Punja Paimash No.43, New S.No.16/4-Acre 1.37, Punja Paimash No.67,
                     New S.No.24-Acres 2.30 cents, Punja Paimash No.42, New S.No.17-
                     Acres 2.88 Cents, in all totalling to an extent of 26.31.5 Hectare [65
                     Acres] by considering the petitioner appeal dated 21.12.2020 after
                     conducting an enquiry as per Section 22B and 77A of the Indian
                     Registration Act, 1908.
                                       For Petitioner   : Mr.T.Sellapandian

                                       For R1 & R2      : Mr.V.Veluchamy
                                                          Additional Government Pleader


                                                        ORDER

Heard Mr.T.Sellapandian, learned counsel appearing for the petitioner and Mr.V.Veluchamy, learned Additional Government Pleader for the respondents 1 and 2.

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2. Since this Court is directing the first respondent to consider the petitioner's Appeal Petition, after giving due notice and opportunity to the respondents 3 to 9, notice to the respondents 3 to 9 is hereby dispensed with.

3. The limited prayer sought for in this Writ Petition is for a direction to the first respondent herein to dispose of the appeal preferred by the petitioner dated 21.12.2020 within a stipulated time.

4. It is needless to point out that whenever a statutory appeal is preferred before the Appellate Authority, there is a duty cast on them to dispose of the appeal expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would be justified in directing the authority to dispose of the appeal within a stipulated time, in exercise of its powers under Article 226 of Constitution of India.

5. In the light of the above observations, there shall be a direction to the first respondent herein to dispose of the petitioner's appeal petition 3/5 https://www.mhc.tn.gov.in/judis W.P.No.8598 of 2023 dated 21.12.2020, if not already disposed of, after giving due opportunity to the petitioner and the respondents 3 to 9, as well as all other persons who may be interested in the subject property, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

20.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk To

1.The Deputy Inspector General of Registration, Salem Division [Registration Department], Salem – 636 014.

2.The District Registrar, Krishnagiri District.

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