Madras High Court
Nagamuralidharan vs The Inspector General Of Registration on 22 June, 2015
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2015 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.10055 of 2015 Nagamuralidharan ... Petitioner Vs. 1.The Inspector General of Registration, The Inspector General of Registration Office, Santhome High Road, Chennai. 2.The District Registrar, Pattukottai Joint-II, Thanjavur District. 3.The Sub Registrar, Pattukottai, Thanjavur District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to conduct enquiry under Circular 67 of the first respondent dated 03.11.2011 and pass orders on merits on the basis of the petitioner's representation dated 29.04.2015. !For Petitioner : Mr.M.Subash Babu ^For Respondents : Mr.K.Guru, Additional Government Pleader :ORDER
This writ petition has been filed for a Writ of Mandamus directing the second respondent to conduct enquiry under Circular 67 of the first respondent dated 03.11.2011 and pass orders on merits on the basis of the petitioner's representation dated 29.04.2015.
2.It is stated in the affidavit filed in support of this writ petition that in respect of the property in S.No.143/3 measuring to an extent of 5372.4 sq.ft. in Neer Nadiyambal Village, Pattukottai, Thanjavur, the petitioner's father executed a settlement deed in favour of the petitioner on 03.02.2011 and subsequently in the year 2012, his father unilaterally cancelled the settlement deed executed in favour of the petitioner, and immediately on the next day, he executed a gift deed in favour of his wife without the knowledge of the petitioner, which according to the petitioner is in violation of the Registration Act. Therefore, the petitioner states that enquiry has to be conducted into the matter as per Circular 67 of the first respondent dated 03.11.2011. It is further stated that as per Circular No.67 dated 03.11.2011, the Inspector General of Registration, Chennai has empowered the District Registrars all over the State to conduct enquiries in respect of fraudulent transactions and for cancellation of the same if the same had been executed on impersonation and on other grounds. Now, the learned counsel for the petitioner seeks the indulgence of this Court for a direction to the first respondent to consider the representation of the petitioner dated 29.04.2015 and pass appropriate orders on merits in the light of Circular No.67, stated supra.
3.Heard the learned counsel for the petitioner and also the learned Additional Government Pleader, who took notice for respondents.
4.Considering the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of directing the first respondent to consider the representation of the petitioner dated 29.04.2015 on merits and in accordance with law, after due opportunity to the interested parties if any, as well as the petitioner, and pass appropriate orders in the light of Circular No.67 dated 03.11.2011 of the Inspector General of Registration, Chennai, within a period of six weeks from the date of receipt of a copy of this order. No costs.
To
1.The Inspector General of Registration, The Inspector General of Registration Office, Santhome High Road, Chennai.
2.The District Registrar, Pattukottai Joint-II, Thanjavur District.
3.The Sub Registrar, Pattukottai, Thanjavur District.