K.Ramasamy, v. The Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2016

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH W.P. No. 1066 of 2016 K. Ramasamy ..Petitioner Vs.

1.

The Inspector General of Registration, Registration Department, Santhome, Chennai - 4.

2.

The District Registrar, Coimbatore, Coimbatore District.

3.

N. Padmavathy 4.

D. Rathamani 5.

S. Manoranjitham 6.

G. Kalaiyarasi ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 2nd respondent herein to dispose of the petitioner's representation dated 27.08.2015 on merits pending before the 2nd respondent in Enquiry No. 10512/A1/2015 dated 30.01.2015 within a time frame fixed by this Court.

For Petitioner ::

Mr.M. Easan For Respondents::

Mr.Digvijaypandian, Addl. Govt. Pleader for R1 & R2

O R D E R

Alleging that a fraud has been committed by respondents 3 to 6 in the registration of certain documents, the petitioner made a representation to the 1st respondent on 27.08.2015 to cancel the fraudulent documents and remove entries in the encumbrance certificate and to take criminal action against respondents 3 to 6. The said representation was forwarded to the 2nd respondent for necessary action, pursuant to which an enquiry was initiated by the 2nd respondent vide proceedings No. https://hcservices.ecourts.gov.in/hcservices/

10512/A1/2015 dated 30.11.2015 fixing the date of enquiry as 14.12.2015.

2.

According to the learned counsel for the petitioner, the petitioner appeared for the enquiry on 14.12.2015. However, thereafter, the 2nd respondent adjourned the case to 19.12.2015, at the request of respondents 3 to 6 and again, on 19.12.2015, at the request of the 3rd respondent, it was adjourned to 23.12.2015. On 23.12.2015, the 3rd respondent appeared and again sought an adjournment, which was granted by the 2nd respondent without fixing the next date of enquiry. As no further action has been taken by the 2nd respondent, the present writ petition has been filed.

3.

Considering the above, the 2nd respondent is directed to expedite the proceedings initiated vide No. 10512/A1/2015 dated 30.11.2015, pursuant to the representation of the petitioner dated 27.08.2015, and pass appropriate orders, after affording an opportunity of hearing to the petitioner as to well as to private respondents, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar(CCC) dt:25/01/2016 True Copy Sub-Assistant Registrar nv To 1.

The Inspector General of Registration, Registration Department, Santhome, Chennai - 4.

2.

The District Registrar, Coimbatore, Coimbatore District.

+1 cc to Mr.M.Easan Advocate sr.2138 +1 cc to Government Pleader sr.2444 W.P. No. 1066 of 2016 aa25/01/2016 https://hcservices.ecourts.gov.in/hcservices/