R.VENKATRAMAN Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 2nd respondent to cancel the Sale Deed bearing Document No.1762 of 1990 and the Settlement Deed Document No.2901 of 2009 on the file of the 3rd respondent as per the Circular No.67 dated 03.11.2011 in accordance with law.

(2.) Mr.V.Lakshminarayanan, learned counsel appearing for the petitioner submitted that the petitioner's brother by name Rajamani had filed a suit in O.S.No.7615 of 1991 on the file of the XIII Assistant Judge, City Civil Court, Chennai to declare the Sale Deed dated 21.12.1990 bearing Document No.1762 of 1990 as null and void. It is the case of the petitioner that the said document was fraudulently created by one K.Karunakaran. After contest, the said suit was decreed by the trial Court on 31.05.2005. As against the judgment and decree passed in O.S.No.7615 of 1991, the said K.Karunakaran filed an appeal in A.S.No.552 of 2005 on the file of the VI Additional Judge, City Civil Court, Chennai and the Lower Appellate Court also confirmed the judgment and decree of the trial Court and dismissed the appeal. As against the same, he filed a Second Appeal in S.A.No.172 of 2008 before this Court and this Court also had dismissed the Second Appeal on 06.10.2010. Aggrieved over the same, the said K.Karunakaran filed an appeal before the Hon'ble Supreme Court in S.L.P.No.5306 of 2011 and the Hon'ble Supreme Court also dismissed the appeal on 01.04.2011 and the decree passed in O.S.No.7615 of 1991 dated 31.05.2005 has become final. Now, the petitioner has filed the present Writ Petition seeking to cancel the Sale Deed, which is the subject matter of the suit in O.S.No.7615 of 1991 and also the Settlement Deed Document No.2901 of 2009 by giving a representation dated 23.03.2016 to the respondents.

(3.) Mr.V.Lakshminarayanan, learned counsel appearing for the petitioner submitted that though the petitioner has given his representation as early as on 23.03.2016, the respondents have not passed any order so far.