Dismissed

E.Purushothaman v. The Inspector General of Registration

Madras HC8 Dec 2022WP/33017/2022

Case brief

AI extract

What is this about?

The Madras High Court directed the District Registrar to decide the petitioner's complaint filed under Section 77A of the Registration Act, 1908, within six weeks, allowing opportunity of hearing to all parties on merits.

What did the court decide?

Directing the second respondent to decide the petitioner's complaint dated 16.05.2022 under Section 77A of the Registration Act, 1908, on merits within six weeks.

E.Purushothaman Vs The Inspector General of Registration — Landlord and Tenant | Madras HC (2022)

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W.P.No.33017 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.12.2022

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

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Writ Petition No.33017 of 2022 and WMP.No.32436 of 2022

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E.Purushothaman, S/o.K.Elumalai Naicker

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... Petitioner

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-Vs-

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The Inspector General of Registration, I.G. Registration office, 100, Santhome Road, Chennai – 600 028.

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The District Registrar, Joint I Sub Registrar Office, South Chennai Registration District, Saidapet, Chennai – 600 015.

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T.Prabhavathy

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… Respondents

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Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 16.05.2022 in accordance with law and on merits within the time limit specified by this Court.

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For Petitioner : Mr.A.M.Venkata Krishnan

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For Respondents : Mr.P.Sathish [ R1 & R2] Additional Government Pleader

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https://www.mhc.tn.gov.in/judis

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W.P.No.33017 of 2022

ORDER

The prayer sought for herein is for a writ of mandamus directing the respondents to consider the petitioner's representation dated 16.05.2022 in accordance with law and on merits within the time limit specified by this Court.

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In respect of a document registered by the concerned Register

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Office pertaining to the property claimed to have been belongs to the petitioner to an extent of one cent in document No.366 of 2007, the petitioner had given a complaint against the third respondent before the second respondent under Section 77(A) of the Registration Act, 1908 [ in short, 'the Act'] on 16.05.2022.

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In order to consider the said complaint given by the petitioner

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and enquire the same, the petitioner has filed this writ petition with the aforestated prayer.

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Heard Mr.A.M.Venkata Krishnan, learned counsel appearing for

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the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents 1 and 2.

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https://www.mhc.tn.gov.in/judis

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W.P.No.33017 of 2022

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The learned Additional Government Pleader appearing for the

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respondents 1 and 2 would submit that, since a complaint has been given by the petitioner on 16.05.2022 under Section 77A of the Act, certainly it would be considered and decided after giving an opportunity of being heard to the petitioner as well as the third respondent on merits and in accordance with law within a time frame that may be stipulated by this Court.

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Having regard to the said stand taken by the learned Additional Government Pleader appearing for the respondents 1 and 2 and having regard to the aforesaid factual matrix as projected by both sides, this Court is inclined to dispose of this writ petition with the following order:

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That there shall be a direction to the second respondent to decide the complaint given by the petitioner dated 16.05.2022 under Section 77A of the Act and decide the same on merits and in accordance with law after giving an opportunity of being heard to both the petitioner as well as the third respondent within a period of six(6) weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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W.P.No.33017 of 2022

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With this direction, this writ petition is disposed of. No costs.

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08.12.2022

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Index : Yes/No Speaking Order : Yes/No

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The Inspector General of Registration, I.G. Registration office, 100, Santhome Road, Chennai – 600 028.

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The District Registrar, Joint I Sub Registrar Office, South Chennai Registration District, Saidapet, Chennai – 600 015

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https://www.mhc.tn.gov.in/judis

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W.P.No.33017 of 2022

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R. SURESH KUMAR, J.

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W.P.No. 33017 of 2022

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08.12.2022

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https://www.mhc.tn.gov.in/judis

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E.Purushothaman v. The Inspector General of Registration

Case brief

What is this about?

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E.Purushothaman v. The Inspector General of Registration

Case brief

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