Madras High CourtWP/5191/2023disposed of

P.Sugumaran v. The District Registrar

2023-02-22Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR P.Sugumaran ... Petitioner -Vs1. The District Registrar, Administration, Office of District Registrar, Ranipet District, Ranipet.

2. M.Selvakumar ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the petitioner's petition dated 23.09.2022 seeking to conduct enquiry under Sections 68 and 77(A) of the Indian Registration Act, 1908 against the second respondent. For Petitioner : Mr. G.Jeremiah For Respondents : Mr.Yogesh Kannadasan Special Government Pleader [R1]

ORDER

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The prayer sought for herein is for a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the petitioner's petition dated 23.09.2022 seeking to conduct enquiry under Sections 68 and 77(A) of the Indian Registration Act, 1908 against the second respondent.

2. In respect of document No.4647/2019 on the file of the Sub Registrar, Arakkonam, the petitioner had given a complaint on 23.09.2022 to the first respondent to enquire the matter and decide the document, in question as according to the petitioner, it is a bogus or fraudulent document within the meaning of Section 77-A of the Registration Act, 1908[in short, 'the Act'].

3. In order to consider the said complaint and to enquire the matter for passing orders within a time frame that may be stipulated by this Court, the petitioner has moved the present writ petition with the aforesaid prayer.

4. Heard Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the first respondent and in view of the order going 2/4

to be passed in this writ petition, notice to the second respondent is dispensed with.

5. Learned Special Government Pleader appearing for the first respondent would submit that the said complaint given by the petitioner would be enquired and after giving an opportunity of being heard to both the petitioner and the private respondents that would be decided on merits within a time frame that may be stipulated by this Court.

6. Considering the said submission made by the learned Special Government Pleader appearing for the first respondent, this Court directs the first respondent to take up the complaint given by the petitioner dated 23.09.2022 and after enquiry pass orders thereon of-course by giving an opportunity of being heard to both the petitioner as well as the second respondent on merits and in accordance with law within a period of eight(8) weeks from the date of receipt of a copy of this order. R. SURESH KUMAR, J.

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With this direction, this writ petition is disposed of. No costs. 22.02.2023 Index : Yes/No Speaking order: Yes/No mp To The District Registrar, Administration, Office of District Registrar, Ranipet District, Ranipet.

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