Madras High CourtWP/7060/2023disposed of

M.Bilal Alias Mohamed Bilal (80 Percent Handicapped) v. The Principal Secretary

2023-03-03Honourable Mr Justice R. Suresh Kumar10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

1. M.Bilal @ Mohamed Bilal

2. Mohamed Jalal

3. Famidha Bhanu ... Petitioners -Vs1. The Principal Secretary, Registration Department, Fort St. George, Chennai - 600 009.

2. The Inspector General of Registration, Santhome High Road, Chennai - 600 028.

3. The Additional Inspector General of Registration, Santhome High Road, Chennai - 600 028.

4. The District Registrar, Chengalpattu District, Chengalpattu Town.

5. The Tiruporur Sub Registrar, Tiruporur, Chengalpattu District.

6. The District Collector, Chengalpattu District.

7. The District Revenue Officer, 1/10

Chengalpattu, Chengalpattu District.

8. The Revenue Divisional Officer, Chengalpattu District.

9. The Tahsildar, Tiruporur Taluk, Chengalpattu District.

10. The President, Padur Village Panchayat, Padur, Tiruporur Taluk, Chengalpattu District.

11. The Special Officer, Block Development Office, Tiruporur Panchayat Union, Chengalpaet District.

12. The Director, Town and Country Planning, No.807, 4th Floor, Anna Salai, Chennai - 2.

13. The Chairman, Real Estate Regulatory Authority, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai - 600 008.

14. The Commissioner of Police, Tambaram Commissionerate, Sholinganallur, Chennai.

15. The Inspector of Police, Anti-land Grab Cell, Central Crime Branch, Tambaram Commissionerate, Sholinganallur, Chennai.

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16. The Inspector of Police, Kelambakkam Police Station, Kelambakkam, (Tambaram Commissioneratve), Chengalpattu District.

17. The Inspector Police, Vigilance Anti Corruption, Thiruparuthi Kundram Salai, Raghavendra Nagar, Kancheepuram Town - 631 502.

18. M.Vijayakumar

19. Anitha

20. S.P.Senthilkumar, M.D.

21. Sharad Vasanji

22. K.C.P.Sivaraman

23. Mrs.Nazeera Begum ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the fourth respondent District Registrar, Chengalpet to pass orders in file Na.Ka.NO.2568/A3/2021, based on the representation of the petitioner dated 14.05.2022, 28.05.2022 and 27.06.2022 pursuant to the letters of the 3rd respondent Additional Inspector General of Registration, Letter No.18028/U2/22, dated 27.08.2022 Letter No.LG-U-U2/839/2022-USec. Dated 11.01.2023 and Letter No.LG-U-U2/1022/2022/U-Sec dated 01.02.2023 within a reasonable time.

For Petitioners : Mr.V.Karthikeyan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader [R1 to R17] 3/10

ORDER

The prayer sought for herein is for a writ of mandamus directing the fourth respondent District Registrar, Chengalpet to pass orders in Na.Ka.No.2568/A3/2021, based on the representation of the petitioner dated 14.05.2022, 28.05.2022 and 27.06.2022 pursuant to the letters of the 3rd respondent Additional Inspector General of Registration, Letter No.18028/U2/22, dated 27.08.2022 Letter No.LG-U-U2/839/2022-USec. Dated 11.01.2023 and Letter No.LG-U-U2/1022/2022/U-Sec dated 01.02.2023 within a reasonable time.

2. The petitioner's complaint made before the fourth respondent District Registrar to enquire and decide against the private respondents had been pending for long time as according to learned counsel for petitioner initially on 14.05.2022, complaint was given again a reminder complaint has been given on 28.05.2022 and once again on 27.06.2022 a further reminder has also been given. Having considered these, the Additional Inspector General of Registration vide his proceedings dated 27.08.2022 has forwarded the same to the District Registrar and directed the District Registrar to complete the enquiry and pass necessary orders 4/10

at an early date and once again, the Additional Inspector General of Registration has sent a similar communication on 11.01.2023.

3. Despite these communications had been repeatedly given, lastly on 01.02.2023 by the very same Additional Inspector General of Registration concerned to the fourth respondent District Registrar, so far the complaint given by the petitioner has not been fully enquired and no final orders have been passed. Even though it was claimed that enquiry was conducted, no order since has been passed, the petitioner as a last resort has approached this Court by filing the present writ petition with the aforesaid prayer.

4. Heard Mr.V.Karthikeyan, learned counsel appearing for the petitioner, who having stated the aforesaid development would seek indulgence of this Court to issue a direction by way of mandamus to the fourth respondent District Registrar to pass orders at an early date on the said complaint given by the petitioner.

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5. Heard Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the official respondents, who would submit that since the complaint had been given initially in May 2022 and reminder also had been subsequently given and several months have gone, where if enquiry is already been completed by the fourth respondent District Registrar since the Additional Inspector General of Registration has also three times reminded the District Registrar to complete the enquiry at the earliest and to pass orders, certainly the fourth respondent would pass orders thereon on merits and in accordance with law within a time frame that may be stipulated by this Court.

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

7. Considering the said submission made by the learned Special Government Pleader appearing for the official respondents, this Court is inclined to dispose of this writ petition with the following orders: That there shall be a direction to the fourth respondent District Registrar to pass orders on the complaint given by the 6/10

petitioner as referred to above if the enquiry is already completed within a period of four(4) weeks from the date of receipt of a copy of this order and it is made clear that, in this regard if any further input is to be received either from the petitioner or from the private respondents that can also be received and thereafter, order shall be passed by the fourth respondent District Registrar within a period of six(6) weeks thereafter.

With this direction, this writ petition is disposed of. No costs. 03.03.2023 Index : Yes/No Speaking order: Yes/No mp To

1. The Principal Secretary, Registration Department, Fort St. George, Chennai - 600 009.

2. The Inspector General of Registration, Santhome High Road, Chennai - 600 028.

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