M.Bakyalakshmi Vs the Inspector General of Registration

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to consider the representation dated 13.03.2025 and pass orders.

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

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W.P. No.21247 of 2025

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For Petitioner(s) : Mr.R.Premanandhan For Respondent(s) : Mr.Abishek Murthy for R1 and R2

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ORDER

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The present writ petition is filed praying for a writ of mandamus to direct the second respondent to consider the representation dated 13.03.2025. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the Respondents 3 and 4 is dispensed with.

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It is submitted by the learned counsel for the petitioner that the petitioner' father purchased the property comprised in Survey No.2941, 2942, 2943, 2944, 2945 and 2946 measuring an extent of 18163 sq.ft. situated at Coork's Road, Old Nagoor Road, Nagapattinam. After the demise of petitioner's father, as their family members of the petitioner were illegally trying to alienate the subject property, the petitioner submitted a representation dated 13.03.2025 before the second respondent seeking to restrain any subsequent sale proceedings in respect of the subject property. The second respondent has not considered the said representation so far. Hence, the petitioner has filed the present writ petition.

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

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W.P. No.21247 of 2025

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At the outset, learned Government Advocate for the respondents 1 and 2 submitted that the above representation dated 13.03.2025 lacks merit inasmuch as that may require an enquiry into the title, which is in excess of the jurisdiction and beyond the authority conferred under the Act, on the second respondent. In any view, it was submitted that the petitioner's representation dated 13.03.2025 will be considered and appropriate orders would be passed after hearing the petitioner, respondent 3 and 4 and any other interested party , within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

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4. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent, to consider the application dated 13.03.2025 on its own merits and pass appropriate orders, in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondent Nos.3 and 4 and any other interested persons/stake holders, within a period of four (4) weeks from the date of uploading of the web copy without

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

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W.P. No.21247 of 2025

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waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and

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in accordance with law.

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5. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

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19.06.2025

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Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mrn

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To:

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1.The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalai Puram, Chennai-600 028.