Madras High CourtWP/19696/2015disposed of

N.Narayana Reddy, v. The District Registrar

2019-09-27Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.19696 to 19698 of 2015 N.Narayana Reddy .. Petitioner in all the writ petitions -vs1. The District Registrar Krishnagiri District No.1, Thiruvannamalai Road Krishnagiri 635 001 .. 1st Respondent in all the petitions

2. Inspector General of Registration No.100, Santhome High Road Chennai 600 028 .. 2nd Respondent in all the petitions

3. The Sub Registrar Kelamangalam Krishnagiri District 635 113 ..3rd Respondent in WP Nos.19696 & and 19697 of 2015

4. The Sub Registrar Denkanikottai .. 4th Respondent in WP No.19696 & Krishnagiri District .. 3rd Respondent in WP No.19698/2015

5. Krishna Reddy

6. Sujathamma

7. K.Jagadeesh

8. K.Dinesh

9. K.Jothi 10.C.Suresh Babu 11.Venkatasamy Reddy 12.V.Harinatha Reddy 13.Mrs.Aruna 14.R.Anil Kumar 15.Minor A.Deepika rep.by father and natural guardian R.Anilkumar 16.Minor A.Dhanush rep.by father and natural guardian R.Anilkumar 17.Mrs.K.Latha 18.Minor A.Thanvi rep.by mother and natural guardian K.Latha

19.Minor A.Sachidananda rep.by mother and natural guardian K.Latha 20.R.Anil 21.N.Venkatasamy Reddy 22.Mrs.Yeshodammal (R5 to R22 impleaded as per order dt.

20.7.2015 in MP 2/15 in WP 19696/15)

...Respondents 5 to 22 in

WP No.19696 of 2015 23.M.Harish 24.S.G.Natasekar 25.Krishnappa 26.Varun 27.N.Subramani 28.Aslam Basha 29.Venkatasamy Reddy 30.V.Harinatha Reddy 31.S.G.Pramila 32.N.Manjula 33.Minor N.Monish rep.by father and natural guardian S.G.Natasekar 34.Minor R.Hitesh rep.by father and natural guardian S.G.Natasekar 35.Mrs.Anitha 36.Manoharlal 37.V.Krishnappa 38.B.N.Srinivasa Reddy (R4 to R19 impleaded as per order dt.

20.7.2015 in MP 2/15 in WP 19697/15) ..

Respondents 4 to 19 in WP 19697 of 2015 39.S.G.Nagaraj 40.S.G.Natasekar (R4 & R5 impleaded as per order dt.

20.7.2015 in MP 2/2015 in WP 19698/15) ..Respondents 4 & 5 in WP 19698 of 2015 Petitions under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to conduct a detailed enquiry by giving due opportunity to the petitioner and dispose of the petitioner's representation dated 12.02.2015/11.02.2015 on merits.

For Petitioner ::

Mr.Krishna Ravindran For Respondents ::

Mr.T.M.Pappiah Special Government Pleader for R1 to R3/R4 in all petitions

Mr.P.Ramanathan for R10 & R14 in WP 19696/15 No appearance for R5 to 7,11,13, 15 to 20 & 22 in WP 19696/15 Not ready in notice for R8,9,12 & 21 in WP 19696/15 No appearance for R5 to 8, 12 to 19 in WP 19697/15 Not ready in notice for R4,9 to 11 in WP 19697/15 No appearance for R4 & 5 in WP 19698/15

ORDER

These three writ petitions have been filed by Mr.N.Narayana Reddy seeking a similar prayer for issuance of a writ of mandamus, directing the District Registrar, Krishnagiri, the first respondent herein to conduct a detailed enquiry by giving due opportunity to the petitioner and dispose of the petitioner's representation dated 12.02.2015/11.02.2015 on merits.

2. Although the records show that service is incomplete on some of the respondents, Mr.Krishna Ravindran, learned counsel for the petitioner submitted that he has taken out service on all the private respondents and except the eighth respondentK.Dinesh in W.P.No.19696 of 2015, whose cover has been returned with a postal endorsement "expired", since the father of the eighth respondent has already been arrayed as the fifth respondent in the said writ petition, the service is deemed to be effected. Moreover, he has also stated that the petitioner is asking for a detailed enquiry to be conducted by the first respondent by giving opportunity to the petitioner and the respondents by considering his representation. Therefore, instead of keeping the matters pending from 2015, if all the three writ petitions are disposed of giving a direction to the District Registrar, Krishnagiri, the first respondent herein to hold an enquiry by giving due opportunity to the petitioner and the respondents, there will not be any grievance from any one.

3. Mr.T.M.Pappiah, learned Special Government Pleader for the respondents 1 to 3/4 stated that since the issue lies in a narrow compass, the District Registrar, Krishnagiri will hold an enquiry after giving individual notice to all the parties and thereafter will pass appropriate orders on the representation submitted by the petitioner.

4. The learned counsel for the respondents 10 and 14 in W.P.No.19696 of 2015 also agreed to the said course.

5. This Court, recording the statement made by the learned Special Government Pleader for the respondents 1 to 3/4, hereby directs the District Registrar, Krishnagiri, the first respondent herein to hold a detailed enquiry after giving notice to all the parties and shall dispose of the pending representation of the petitioner within a period of three months from the date of receipt of a copy of this order by passing appropriate orders on merit. With this direction, the writ petitions are disposed of accordingly. Consequently, M.P.Nos.1 of 2015 are closed. No costs.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ss To

1. The District Registrar Krishnagiri District No.1, Thiruvannamalai Road Krishnagiri 635 001

2. The Inspector General of Registration No.100, Santhome High Road Chennai 600 028

3. The Sub Registrar Kelamangalam Krishnagiri District 635 113

4. The Sub Registrar Denkanikottai Krishnagiri District +3 Ccs to Mr.Krishna Ravindran, Advocate sr 84167 +1 CC to Mr.P.Ramanathan, Advocate sr 83115 +1 CC to Mr.V. Nicholas, Advocate sr 83131.

+1 CC to The Govt. Pleader sr 83667 W.P.Nos.19696 to 19698 of 2015 CP(CO) SP(16/10/2019)