Velayudham v. The Additional Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.4760 of 2023 Velayudham ....

Petitioner -Vs1 The Additional Inspector General of Registration Registration Department Chennai -600 028.

2 The Deputy Inspector General of Registration Kamarajar Salai Race Course Coimbatore - 18.

3 The District Registrar Coimbatore Corporation Thirumana Mandapam Christian Church Road Coimbatore - 641 001.

4 N.Krishna Samraj No. 43 Balasundaram Road Coimbatore - 641 008.

5 SNR Sons Charitable trust Represented by its Managing Trustee No. 395 Sarojini Naidu Road Siddhapudur Coimbatore - 641 044.

6 TSR Kannaiyan S/o. Mr. Ramasamy No. 67 Avarampalayam Coimbatore - 6.

7 TRK Saraswathi, W/o. TSR kannaiyan No. 67 Avarampalayam, Coimbatore - 6.

1 / 6

8 K.Sakthivel S/o. Mr.Kannayan No. 67 Avarampalayam Coimbatore - 6.

9 Anuradha W/o. D. Dhandapani No. 66 Balasundaram Road Coimbatore - 18.

10 Venkatasalu S/o. Rangasamy No. 9 Narayanapuram P.N.

Palayam Coimbatore - 37.

11 Mr.Sivaprakash (Document Writer) Registration License No.

106/CBE/93 Sub Registrar Office Ganapathy Coimbatore.

12 Tmt. Rajini W/o. Varadharja Naidu 1051 Avinashi Road Coimbatore.

13 Thiyagarajan S/o. Srinivasalu Naidu 100A Bharathi Colony Peelamedu Coimbatore - 4.

14 Malathy (Document Writer) Licence No. A.

1498/99/CBE Sub Registrar Office Ganapathy Coimbatore.

15 Mr.Nandagopal S/o. Ramasamy G.K.D. Nagar P.N.Palayam Coimbatore - 37.

16 Sundaram S/o. Palanisamy 16 Hosur Road Coimbatore -1 ....

Respondents 2 / 6

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to expedite the enquiry and pass appropriate orders in pursuant to their letter No.7578/A1/2021/dated 29.12.2022.

For Petitioner : Mr.P.Balamurugan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader - for RR 1 to 3 Notice dispensed with - RR 4 to 16

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the third respondent to expedite the enquiry and pass appropriate orders in pursuant to their letter No.7578/A1/2021/dated 29.12.2022.

2. In respect of Document Nos.578/2002, 1754/2004, 879/1998, 880/1998 and 881/1998 on the file of the Sub Registrar Office, Ganapathy, Coimbatore District, the petitioner had given a complaint against the private respondents. The 3rd respondent having entertained the said complaint, had issued summons to the petitioner as well as the private respondents to appear before him on 25.01.2022 and pursuant to which, according to the learned counsel for the petitioner, the petitioner had appeared and enquiry was over. Thereafter, for the period of more than one year no orders have been passed by the 3rd respondent. Therefore, the petitioner had moved this writ petition seeking direction to the 3rd respondent.

3 / 6

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the official respondents. In view of the order that is going to be passed in this writ petition notice to the private respondents is dispensed with.

4. Learned Special Government Pleader would submit that, the application submitted by the petitioner dated 17.12.2022 would be considered and decided by the 1st respondent on merits and in accordance with law within a time frame.

5. Learned Special Government Pleader would submit that, the said complaint given by the petitioner, in view of the enquiry having been completed in January 2022 itself, would be decided on merits and in accordance with law within a time frame that may be stipulated by this Court.

6. Considering the said submission made by the learned Special Government Pleader, this Court directs the 3rd respondent to pass orders on the complaint given by the petitioner if enquiry is already completed. However, if still some more enquiry is to be conducted, it is open to the 3rd respondent to issue summons to the petitioner as well as the private respondents and thereafter pass necessary orders within a period of six weeks from the date of receipt of a copy 4 / 6

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

20.02.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 1 The Additional Inspector General of Registration Registration Department Chennai -600 028.

2 The Deputy Inspector General of Registration Kamarajar Salai Race Course Coimbatore - 18.

3 The District Registrar Coimbatore Corporation Thirumana Mandapam Christian Church Road Coimbatore - 641 001.

5 / 6

R. SURESH KUMAR, J.

KST W.P.No. 4760 of 2023 20.02.2023 6 / 6