Disposed

C.Vellaiyan, v. The District Registrar

Madras HC4 Feb 2019WP/1758/2016

Case brief

AI extract

What is this about?

In a writ petition under Article 226 seeking enforcement of an unacted representation alleging a fraudulent partition deed, the Court directed the Registration Authorities to conduct an enquiry, issue notices, hold a personal hearing, and pass appropriate orders on merits within one month.

What did the court decide?

Directed the District Registrar and Sub Registrar to conduct an enquiry, issue notices, afford a personal hearing, and pass appropriate orders on merits within four weeks.

C.Vellaiyan, Vs The District Registrar — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 04.02.2019

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CORAM

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THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA

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W.P.No.1758 of 2016

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C.Vellaiyan
.. Petitioner
Vs.
1. The District Registrar,
Salem West Registration District,
Collectorate Complex,
Salem - 636 001.
2. The Sub Registrar,
McDonald Chouldry,
Sankari Taluk,
Salem District.
3. Elumalai
4. Chinnathambi
5. Palanisamy
.. Respondents
PRAYER : Writ Petition filed Under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus,
directing the respondents 1 and 2
to conduct an enquiry and initiate prosecution against the
respondents 3 to 5 and their associates under Sections 81 to 83
of the Registration Act, 1908 for the creation of a fraudulent
partition deed dated 03.06.2011 (Doc.No.4457/2011) in respect of
the property measuring 21 cents in S.No.468/3D, Koranampatti
Village, Edappadi Taluk, Salem District by considering the
petitioner's representation dated 26.12.2015.
For Petitioner : Mr.N.Manokaran
For Respondents 1 & 2 : Mr.P.Purushothaman
Government Advocate

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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The petitioner has come up with this writ petition seeking a direction to the respondents 1 and 2 to conduct an enquiry and initiate action against the respondents 3 to 5 and their associates under Sections 81 to 83 of the Registration Act, 1908 for creation of fraudulent partition deed dated 03.06.2011 (Doc.No.4457/2011) in respect of the property measuring an extent of 21 cents situated in S.No.468/3D, Koranampatti Village, Edappadi Taluk, Salem District, based on his representation dated 26.12.2015.

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According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 26.12.2015 to the respondents 1 and 2 seeking to conduct an enquiry and initiate action against the respondents 3 to 5 for creation of fraudulent partition deed dated 03.06.2011 (Doc.No.4457/2011) in respect of the property measuring an extent of 21 cents in S.No.468/3D, situated in Koranampatti Village, Edappadi Taluk, Salem District, but, the same is yet to be disposed of by the respondents 1 and 2. Hence, the petitioner is before this Court.

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Heard Mr.P.Purushothaman, learned Government Advocate on behalf of the respondents 1 and 2.

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Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the respondents 1 and 2 to conduct an enquiry based on the petitioner's representation 26.12.2015 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioners, the respondents 3 to 5 herein as well as any of the interested parties and also affording them an opportunity of personal hearing within a period of four weeks from the date of receipt of a copy of this order.

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With the above directions, this writ petition stands disposed of. No costs.

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Sd/-

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Assistant Registrar(CS IV) //True Copy//

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Sub Assistant Registrar

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srn/av

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https://hcservices.ecourts.gov.in/hcservices/

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The District Registrar, Salem West Registration District, Collectorate Complex, Salem - 636 001.

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The Sub Registrar, McDonald Chouldry, Sankari Taluk, Salem District.

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+1cc to Mr.N.Manokaran, Advocate, S.R.No.9509

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W.P.No.1758 of 2016
MR(CO)
GSP(06/03/2019)

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https://hcservices.ecourts.gov.in/hcservices/

C.Vellaiyan, v. The District Registrar

Case brief

What is this about?

What did the court decide?

C.Vellaiyan, v. The District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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