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Madras High CourtWP/11860/2012disposed of

Pushpam, v. The Inspector General Of

2020-03-02Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.11860 of 2012 1.Pushpam 2.M.Sakthivel 3.Kumaravel 4.Padmavathy .. Petitioners Vs.

1.The Inspector General of Registration No.100, Santhome High Road Chennai 600 028 2.The District Registrar (Admin) Perambalur Perambalur District 3.The Sub Registrar Chettikulam Perambalur District 4.Marudayee 5.Kathamuthu 6.Karuppannan 7.Thangavel .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to conduct an impartial enquiry as per the circular of the first respondent dated 3.11.2011 by considering petitioners' representation dated 16.2.2012 and pass orders after affording due opportunity to all the parties concerned.

For Petitioners : Mr.K.Srinivasa Murthy For Respondents :Mr.T.M.Pappiah Spl. Govt. Pleader for R1 to R3 Mr.J.Ramakrishnan for R5 to R7 R4 served - No Appearance

ORDER

The petitioners have come up with the present writ petition for a direction to the second respondent to conduct an impartial enquiry as per the circular of the first respondent dated 3.11.2011 by considering petitioners' representation dated 16.2.2012 and pass orders after affording due opportunity to all the parties concerned.

2. The petitioners seek enquiry based on Circular No.67 dated 3.11.2011 issued by the Inspector General of Registration, Chennai. Learned Special Government Pleader, appearing for the official respondents, produced another circular issued by the Inspector General of Registration, Chennai - 600 028 in Letter No.41530/U1/2017 dated 08.11.2017 and stated that Circular No.67 dated 3.11.2011 is withdrawn and a new procedure is prescribed to deal with the complaints relating to fraudulent registration due to non-adherence of the various safeguards stipulated in the earlier circulars.

3. Heard Mr.K.Srinivasamurthy, learned counsel for the petitioners, Mr.T.M.Pappiah, learned Special Government Pleader for respondents 1 to 3 and Mr.J.Ramakrishnan, learned counsel appearing for respondents 5 to 7 and perused the materials available on record.

4. Considering the limited scope of the prayer and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the second respondent to conduct an impartial enquiry based on the Circular No.67 dated 3.11.2011 and Letter No.41530/U1/2017 dated 08.11.2017 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioners and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (TNMCC) //True Copy// Sub Assistant Registrar Asr

To 1.The Inspector General of Registration No.100, Santhome High Road Chennai 600 028 2.The District Registrar (Admin) Perambalur Perambalur District 3.The Sub Registrar Chettikulam Perambalur District +1cc to Mr.Row & Reddy, Advocate, S.R.No. 18511 W.P.No.11860 of 2012 BS(CO) GN(26/05/2020)