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Madras High CourtWP/2094/2019disposed of

V.Udhayakumar v. The Inspector General Of Registration,

2019-01-28Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2019

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.2094 of 2019 V.Udhayakumar

...Petitioner

VS

1. The Inspector General of Registration, State Registration Department, Rajaji Salai, Pattinapakkam, Chennai 600 028.

2. The Deputy Inspector General of Registration, State Registration Department, 1st Line Beach, Chennai 600 001.

3. The District Registrar (Administration), District Registrar Office, Central Chennai, Chennai - 14.

4. The Sub Registrar, O/o.The Sub Registrar, Purasaiwalkam, Chennai 600 007.

5. The Inspector of Police CCB Team-1, Chennai.

6. S.R.Gandhi Shankar.

7. S.V.Nadanavel.

8. S.V.Veeraraghavan.

9. S.V.Thanigavel.

10.S.V.Rajkumar 11.S.V.Rohini ... Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to consider the petitioner's representation dated 24.11.2017 and consequently to conduct enquiry against the fraudulent registration of Sale Agreement by the respondents 6 to 11 dated 10.11.2010 and registered as document No.4328 of

2010 before the fourth respondent, S.R.O, Purasaiwalkam and annul the fake entry made in the registry as per the circular No.41530/U1/2017, dated 08.11.2017 issued by the first respondent within a period fixed by this Court. For Petitioner : Mr. M.Sathishkumar For Respondents 1 to 4: Mr.T.M.Pappiah, Special Government Pleader For respondent-5 : Mr.E.Balamurugan Special Government Pleader

O R D E R

By consent of both parties, this 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 respondents 1 to 4 herein to consider his representation dated 24.11.2017 and consequently to conduct enquiry against the respondents 6 to 11 for fraudulent registration of Sale Agreement dated 10.11.2010, registered as document No.4328 of 2010 before the fourth respondent, S.R.O, Purasaiwalkam and annul the fake entry made in the registry as per the circular No.41530/U1/2017, dated 08.11.2017 issued by the first respondent within a period fixed by this Court.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 24.11.2017 requesting to conduct an enquiry against the respondents 6 to 11 regarding fraudulent registration of Sale Agreement dated 10.11.2010, registered as document No.4328 of 2010 before the fourth respondent, S.R.O, Purasaiwalkam and annul the fake entry made in the registry as per the circular No.41530/U1/2017, dated 08.11.2017 issued by the first respondent, but, the same is yet to be disposed of by the respondents 1 to 4. Hence, the petitioner is before this Court.

4. Heard Mr.T.M.Pappiah, learned Special Government Pleader appearing on behalf of the respondents 1 to 4 and Mr.E.Balamurugan, learned Special Government Pleader on behalf of the fifth respondent.

5. Though the relief sought for in this Writ Petition is for a larger relief, the learned counsel appearing for the petitioner would submit that it would suffice, if the respondents 1 to 4 are directed to consider and dispose of the petitioner's representation dated 24.11.2017, within a time specified by this Court.

6. 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 respondents 1 to 4 to conduct an enquiry based on the petitioner's representation dated 24.11.2017 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, respondents 6 to 11 as well as any of the interested parties and also affording them an opportunity of personal hearing, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar srn To

1. The Inspector General of Registration, State Registration Department, Rajaji Salai, Pattinapakkam, Chennai 600 028.

2. The Deputy Inspector General of Registration, State Registration Department, 1st Line Beach, Chennai 600 001.

3. The District Registrar (Administration), District Registrar Office, Central Chennai, Chennai - 14.

4. The Sub Registrar, O/o.The Sub Registrar, Purasaiwalkam, Chennai 600 007.

5. The Inspector of Police CCB Team-1, Chennai.

+1cc to Mr.M.Sathishkumar, Advocate, S.R.No.6339 +1cc to the Government Pleader, S.R.No.6947 W.P.No.2094 of 2019 MR(CO) GSP(15/02/2019)