T. Rajamanickam vs The Inspector General of Registration

M. Venugopal, J.—Heard both sides.

According to the Petitioner, some of the individuals who had no title sold the Government Poramboke lands by way of registered sale deed and filed a vexatious suit against some third parties without adding the Revenue Officials as parties to the suit and obtained an ex-parte decree from the Civil Court by screening the Government Poramboke lands. As such, the individuals had committed an act of fraud and cheating with the help of Revenue Officials and therefore a detailed enquiry has to be conducted and under these circumstances, he made a detailed representation on 26.3.2014. However the same has not been considered by the respondents.

It is to be noted that the Petitioner in para 5 of his affidavit in the Writ Petition has averred that the First Respondent/The Inspector General of Registration, Chennai-28 had issued stay order as early as on 13.6.2013.

At this stage, the learned Government Advocate appearing on behalf of the respondents 1 to 3 brings it to the notice of this Court that originally the assignment was given in favour of certain individuals and later on, they were cancelled.

In view of the fact that the Petitioner''s representation, dated 26.3.2014 addressed to the Third Respondent/Tahsildar, Tirunelveli Taluk, Tirunelveli District has not seen the desired result till today, this Court without going into the merits of the contents of the representation of the Petitioner, dated 26.3.2014, in the interest of justice and fair play directs the Third Respondent to look into the representation of the Petitioner, dated 26.03.2014 and to consider and later to dispose of the same on merits(of course after providing adequate opportunity of hearing to the Petitioner and others concerned by adhering to the principles of natural justice). The said exercise shall be undertaken by the third respondent within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the Third Respondent is to pass an impartial, unbiased and dispassionate order ascribing necessary qualitative and quantitative reasons for the conclusion arrived at by him in the manner known to law and in accordance with law.

With the aforesaid directions, the Writ Petition is disposed of. No costs.