Abu @ Zackaria Sait v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Abu @ Zackaria Sait

...Petitioner

Vs 1.The Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Madavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

2.The District Registrar, Arasu Nagar, Thandavaraya Nagar, Orikkai, Kancheepuram - 631 601.

3.The District Registrar, No.259/3, Road Street, Thammal, Kancheepuram - 631 551.

4.B.Jayachandran 5.Kumaravelu 6.R.Amaresan 7.Sridhar Ramu 8.N.Sudharshan 1/6

9.R.Saravana Singh 10.Kuppan 11.K.Yuvaraj 12.Venkatesan 13.R.Murugan 14.A.Kumar 15.S.Jothy

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the representation letter dated 13.02.2023 within a stipulated time and conduct enquiry.

For Petitioner : Mr.Grissh For R1 to R3 : Mr.P.Sathish, Additional Government Pleader

ORDER

Heard Mr.Grissh, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for the respondents 1 to 3.

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2. Since this Court is directing the first respondent to dispose of the representation, after giving due opportunity to the respondents 4 to 15, notice to the respondents 4 to 15 is dispensed with.

3. The petitioner herein had given a representation to the official respondents on 13.02.2023, seeking for cancellation of the bogus sale deed and to conduct a enquiry. Since the said representation was not considered, the present writ petition has been filed.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

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5. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 13.02.2023, on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order, after giving due opportunity to the petitioner, as well as the respondents 4 to 15. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondents to consider the same on its own merits.

6. With the above direction, the Writ Petition stands ordered. No costs.

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To 1.The Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Madavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

2.The District Registrar, Arasu Nagar, Thandavaraya Nagar, Orikkai, Kancheepuram - 631 601.

3.The District Registrar, No.259/3, Road Street, Thammal, Kancheepuram - 631 551.

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M.S.RAMESH,J.

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