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Madras High CourtWP/7979/2017disposed of

Kanimozhi Mathi v. The Inspector General Of

2017-04-05Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.7979 of 2017 Kanimozhi Mathi ... Petitioner Vs.

1. The Inspector General of Registration, Registration Department, Santhome, Chennai.

2. The District Registrar, South Chennai, Saidapet, Chennai.

3. The Sub Registrar, Sastri Nagar, Adayar, Chennai.

4. The Assistant Engineer, Corporation of Chennai, Division - 172, Chennai.

5. Hyder Ali ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to commence the prosecution under Section 83 of Registration Act against the 5th respondent based on the petitioner's representation dated 28.11.2016. For Petitioner : Mr.V.Subramanian For Respondents: Mr.A.N.Thambidurai, Special Government Pleader (R1 to R5)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the 2nd respondent to commence the prosecution under Section 83 of Registration Act against the 5th respondent based on her representation dated 28.11.2016. 2.It is the case of the petitioner that the 2nd respondent attached a false Map/sketch and created false documents and got the Sale Deed registered on 03.02.2012 with the 3rd respondent. In these circumstances, the petitioner has given a https://hcservices.ecourts.gov.in/hcservices/

representation dated 28.11.2016 to the 2nd respondent to commence the prosecution under Section 83 of the Registration Act against the 5th respondent.

3.The learned counsel appearing for the petitioner submitted that inspite of the representation dated 28.11.2016, the 2nd respondent has not commenced the enquiry. 4.Mr.A.N.Thambidurai, learned Special Government Pleader taking notice for the respondents 1 to 5 submitted that the 2nd respondent may be directed to consider the petitioner's representation and pass orders in accordance with law, after giving notice to the 5th respondent.

5.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 28.11.2016 and pass orders, on merits and in accordance with law, after giving notice to the 5th respondent, within a period of three months from the date of receipt of a copy of this order. 6.With this observation, the Writ Petition is disposed of. No costs.

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

1. The Inspector General of Registration, Registration Department, Santhome, Chennai.

2. The District Registrar, South Chennai, Saidapet, Chennai.

3. The Sub Registrar, Sastri Nagar, Adayar, Chennai.

4. The Assistant Engineer, Corporation of Chennai, Division - 172, Chennai.

+1 CC to Mr. Subramanian, Advocate sr 20411 +1 CC to Govt. Pleader sr 20919 W.P.No.7979 of 2017 MG(CO) sp/12/4 https://hcservices.ecourts.gov.in/hcservices/