Devi Karumariamman v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH and W.M.P.No.6791 of 2025 Devi Karumarimman ... Petitioner Vs.

1. The Chief Secretary Office of the Secretariat, Govt. of Puducherry, Puducherry.

2. The Central Vigilance Commission, Satarakara Bhavan, Block - A, GPO Complex, INA, New Delhi - 110 023.

3. The District Registrar, Office of the Registration, New Saram, Puducherry - 605 013.

4. Mr.Dhayalan, The District Registrar, Office of the Registration, New Saram, Puducherry - 605 013.

5. Tmt. Gomala, The Sub-Registrar (Admin) Registration, Office of the District Registrar, New Saram, Puducherry.

6. Mr.Karthikeyan, The Sub-Registrar, Office of the Registration, Oulgaret, Puducherry.

7. Mr.V.Venkataramanan

8. Mr.Prasanna Kumar ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents 1 and 2, to consider my representation dated 07.11.2024 and consequently take stringent departmental action against the respondents 4, 5, 6 & 8 in a time bound manner and pass such further or other orders as deemed fit. For Petitioner : Mr.P.Aravind Subramaniam, Senior Counsel for Mr.V.Haribabu For R1 to R3 : Mr.R.Sreedhar, Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the first and second respondents to consider the representation made by the petitioner on 07.11.2024 and to initiate Departmental/ disciplinary proceedings against 4, 5, 6 and 8 and complete the same within a time frame.

2. When the writ petition came up for hearing on 21.02.2025, this court passed the following order:- "Mr.A.Tamilvanan, learned

Additional Government Pleader, takes notice for the respondents 1 to 3.

2. The grievance expressed by the petitioner is that a Will was executed by the propounder on 27.09.2023. The executor of the Will died on 22.06.2024. After his demise, the Will was registered on 23.10.2024. That apart, there are suits pending between the parties.

3. Considering the seriousness of the allegations made, a representation was sent to the Government of India and a direction was issued to the second respondent to deal with the complaint given by the petitioner as against respondents 4 to 6 and 8.

4. Learned Additional Government Pleader shall take instructions on the action that has been taken based on the complaint given by the petitioner Post this writ petition at the end of the motion list on 06.03.2025. It is made clear that no further documents shall be entertained for registration until further orders are passed by this Court."

3. When the writ petition was taken up for hearing today, the counter-affidavit has been filed on behalf of the respondents 3 to 6. They have justified the registration of the Will by relying upon some of the provisions under the Registration Act and Rules. It is further stated in the counter-affidavit that a report on the complaint given against the respondents 4, 5, 6 and 8 has already been placed before the District Collector, Puducherry and a decision will be taken by the District Collector in this regard.

4. In the light of the grievance expressed by the petitioner and the counter-affidavit filed by the respondents 3 to 6, it will suffice if a direction is issued to the District Collector, Puducherry to consider the report that has already been submitted and to take a decision in accordance with law and convey the same to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed of with the above direction. A copy of this order shall be marked to the District Collector, Puducherry.

No costs. Consequently, the connected miscellaneous petition is closed. 06.03.2025 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Chief Secretary Office of the Secretariat, Govt. of Puducherry, Puducherry.

2. The Central Vigilance Commission, Satarakara Bhavan, Block - A, GPO Complex, INA, New Delhi - 110 023.

3. The District Registrar, Office of the Registration, New Saram, Puducherry - 605 013.

4. The District Collector, Puducherry.

N. ANAND VENKATESH, J.

skr 06.03.2025