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Madras High CourtWP/6387/2023disposed of

R.Subramanian v. The Inspector General Of Registration

2023-03-02Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.6387 of 2023 R.Subramanian ....

Petitioner -Vs1.The Inspector General of Registration No.100, Santhome High Road R.A.Puram, Chennai 600 028.

2.The District Registrar (Administration) District Registrar Office Dharmapuri-636 701.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to complete the enquiry made in letter No.4374/A3/2022 as per the circular of the 1st respondent in Letter No.33760/U1/2022 dated 27.09.2022 within the time stipulated by this Hon'ble Court by affording opportunity to all concerned. For Petitioner : Mr.N.Palanikumar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader 1 / 4

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 2nd respondent to complete the enquiry made in letter No.4374/A3/2022 as per the circular of the 1st respondent in Letter No.33760/U1/2022 dated 27.09.2022 within the time stipulated by this Hon'ble Court by affording opportunity to all concerned.

2. The petitioner had given a complaint under Section 77-A of the Registration Act against some private parties to declare the document No.1188 of 2022 registered on the file of SRO, Dharmapuri and the said complaint having been entertained by the 2nd respondent District Registrar, he had issued a summon on 07.12.2022 to both the petitioner as well as the persons against whom such complaint had been given by the petitioner to appear before him on 21.12.2022 and to produce documents to substantiate their respective submissions. Pursuant to the same, according to the learned counsel for the petitioner, the petitioner as well as the private persons against whom the petitioner had given complaint had appeared and they had put forth their case. Despite that, so far no final orders have been passed by the 2nd respondent District Registrar. Hence, the petitioner has preferred the present writ petition seeking direction to the 2nd respondent to complete the enquiry. 2 / 4

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

4. Learned Special Government Pleader submits that, if the enquiry is already completed, orders would be passed at an early date and suppose still some more enquiry is to be conducted, such enquiry also would be conducted and within a reasonable time the 2nd respondent would pass final orders.

5. Considering the said submission made by the learned Special Government Pleader, this Court is inclined to dispose of this writ petition with the following orders.

●There shall be a direction to the 2nd respondent to complete the enquiry on the complaint given by the petitioner dated 20.10.2022 and pass orders thereon after the enquiry is completed, within a period of four weeks from the date of receipt of a copy of this order.

●However, if still some enquiry is to be conducted, after completing the enquiry, by giving an opportunity of being heard to the petitioner as well as the persons against whom such complaint is given, the 2nd respondent shall pass final orders within a period of eight weeks from the date of receipt of a copy of this order."

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R. SURESH KUMAR, J.

KST

6. With the above directions, this writ petition is disposed of. No costs. 02.03.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 1.The Inspector General of Registration No.100, Santhome High Road R.A.Puram, Chennai 600 028.

2.The District Registrar (Administration) District Registrar Office Dharmapuri-636 701.

W.P.No. 6387 of 2023 4 / 4