K.K.Dinakaran v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR K.K.Dhinakaran ... Petitioner -Vs1. The Inspector General of Registration, Santhome High Road, Chennai - 28.

2. The District Registrar (AIG In-charge), South Chennai, Chennai - 600 035.

3. The Sub-Registrar, Neelangarai Sub-Registrar Office, Neelangarai, Chennai.

4. S.Shanthi

5. D.Mohanraj ... Respondents Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 09.01.2023 and to conduct the enquiry as per the circulars and provisions of the Registration Act, 1908 within a reasonable time after affording opportunity of hearing.

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For Petitioner : Mr.M.S.Suresh Kumar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader [R1 to R3]

ORDER

The prayer sought for herein is for a writ of mandamus directing the 2nd respondent to consider the petitioner's representation dated 09.01.2023 and to conduct the enquiry as per the circulars and provisions of the Registration Act, 1908 within a reasonable time after affording opportunity of hearing.

2. In respect of document No.3821/2010 registered on the file of the third respondent, the petitioner had given a complaint against the private respondents on 09.01.2023 to conduct an enquiry and to declare that document as fraudulent one within the meaning of Section 77-A of the Registration Act, 1908 and in order consider the same, to seek for a direction to the second respondent District Registrar, the petitioner has moved the present writ petition.

3. Heard Mr.M.S.Suresh Kumar, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1 to 3. 2/4

4. In view of the order going to be passed in this writ petition, notice to the private respondents is hereby dispensed with.

5. Learned Special Government Pleader appearing for the official respondents would submit that the said complaint given by the petitioner dated 09.01.2023 would be considered and decided on merits by the second respondent 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 official respondents, this Court directs the second respondent i.e., District Registrar to consider the complaint given by the petitioner dated 09.01.2023 and pass orders thereon after completing the enquiry by giving notice to both the petitioner as well as the private respondents within a period of eight(8) weeks from the date of receipt of a copy of this order. 3/4

R. SURESH KUMAR, J.

mp With this direction, this writ petition is disposed of. No costs. 27.02.2023 Index : Yes/No Speaking order: Yes/No mp To

1. The Inspector General of Registration, Santhome High Road, Chennai - 28.

2. The District Registrar (AIG In-charge), South Chennai, Chennai - 600 035.

3. The Sub-Registrar, Neelangarai Sub-Registrar Office, Neelangarai, Chennai.

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