High Court Madras High Court

R.Murugambal vs The Sub Registrar on 4 November, 2009

Madras High Court
R.Murugambal vs The Sub Registrar on 4 November, 2009
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATE: 04/11/2009

CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN

Writ Petition(MD)No.10999 of 2009
and
M.P.(MD) No.1 of 2009

R.Murugambal						.. Petitioner

Vs

1.The Sub Registrar,
No.1, Sub Registrar's Office,
Pattukottai,
Thanjavur District.

2.G.N.Ashok Kumar

3.G.N.Suresh @ Govindaraj				.. Respondents

Prayer

Writ Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Mandamus, directing the 1st respondent to return the sale
deed registered in favour of the petitioner by the 2nd and 3rd respondent in
regard to the property in Thanjavur District  Pattukottai Registration District,
Pattukottai No.1 Sub Registrar Pattukottai Town, Municipal Ward No.A Block No.22
North in Sowkandi Street, Survey No.79/1, area 0.88 cents south side 5712 sq.ft
plot, and the RCC building consist of three shops in ground floor in Municipal
Door No.90/9 90/10  10 in the west side of the plot and the electricity
connections 320, 321, 469 and three rooms in the first floor in Municipal Door
No.90/34, 35, 36 excluding the south side wall in RCC shop in Municipal Door
No.10A and excluding the southern side wall in first floor- Ward NO.A Block
No.22 within the reasonable time as may be fixed by this Hon'ble Court.

!For Petitioner		... 	Mr.T.A.Ebenezer
^For Respondent	 	...  	Mr.Pala Ramasamy
				Special Government Pleader
* * * * *

:ORDER

Heard Mr.T.A.Ebenezer, the learned counsel appearing for the petitioner
and Mr.Pala Ramasamy, learned Special Government Pleader, appearing for the
respondents.

2. By consent of both the parties, the writ petition is taken up for final
hearing and disposal.

3. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the petitioner had submitted that it would suffice, if
the first respondent is directed to dispose of the representation, dated
23.08.2009, on merits and in accordance with law, within a specified period.

4. The learned Special Government Pleader appearing on behalf of the
respondents, has no objection for such an order being passed by this Court.

5. In view of the submissions made by the learned counsels appearing on
either side, the first respondent is directed to dispose of the representation,
dated 23.08.2009, after giving an opportunity of hearing to the petitioner and
the respondents 2 and 3, as well as to the other parties concerned, on merits
and in accordance with law, within a period of twelve weeks from the date of
receipt of a copy of this order. The petitioner is directed to furnish a copy of
the representation, dated 23.08.2009, to the first respondent, along with a copy
of this order. However, it is made clear that this Court, by this order, has not
expressed any opinion on the merits of the matter.

6. Accordingly, the writ petition is disposed of, with the above
directions. No costs. Consequently, connected miscellaneous petition is also
closed.

cs

To

The Sub Registrar,
No.1, Sub Registrar’s Office,
Pattukottai,
Thanjavur District.