Madras High CourtWP/497/2019disposed of

Chanemougam v. The Inspector General Of Registration

2019-01-09Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.497 of 2019 Chanemougam .. Petitioner Vs.

1. The Inspector General of Registration, Government of Puducherry, Chief Secretariat, Puducherry.

2. The District Registrar, Office of the District Registrar, Puducherry .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to dispose of petitioner's appeal dated 16.07.2018 filed against the order of the second respondent in No.2455/RD/Lic/A2/2018/726 dated 13.06.2018 within a time frame to be fixed by this Court.

For Petitioner : Mr.V.Sairam For Respondents : Mr.C.T.Ramesh Additional Government Pleader (Pondy)

ORDER

By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this Writ Petition seeking a direction to the first respondent herein to dispose of the appeal dated 16.07.2018 filed against the order of the second respondent in No.2455/RD/Lic/A2/2018/726 dated 13.06.2018 within a time frame.

3. According to the learned counsel for the petitioner, the petitioner is a document writer and he has been granted licence for the same in the year 2001. On 04.08.2017, the second respondent herein called upon the petitioner to explain with regard to the alleged suppression of material facts in connection with registration of the Sale Deed dated 07.08.2008 bearing document No.4099 of 2009. The petitioner appeared before the second respondent and has given his explanation. However, the second respondent, by order dated 13.06.2018 in No.2455/RD/Lic/A2/2018/726, cancelled his licence in exercise of the powers conferred under Rule 22 of the Pondicherry Document Writers Lincence Rules, 1977. Aggrieved by the said order, the petitioner preferred an appeal before the first respondent on 16.07.2018 and the same was acknowledged on 17.07.2018.

Even though the appeal was received as early as on 17.07.2018, the first respondent has not disposed of the appeal till date. The petitioner has also sent a reminder to the first respondent on 26.10.2018 requesting him to post the appeal for hearing. The said appeal has been pending for more than six months. Hence, the petitioner is before this Court.

4. Heard Mr.C.T.Ramesh, learned Additional Government Pleader(Pondy) on behalf of the respondents.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the first respondent to dispose of the appeal dated 16.07.2018 on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed of. No costs.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar Srn

1. The Inspector General of Registration, Government of Puducherry, Chief Secretariat, Puducherry.

2. The District Registrar, Office of the District Registrar, Puducherry +1cc to Mr.V.Sairam , Advocate SR.No. 2375 +1 CC TO GOVERNMENT PLEADER SR.NO. 2458 W.P.No.497 of 2019 A.SK(31/01/2019)