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Madras High CourtWP/12431/2014disposed of

S.Ganesan, v. S.Rathinavelu,

2015-02-23Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.12431 of 2014

1. S.Ganesan

2. Sabari Manikandan @ Saravanan

3. A.Shanmugavalli .. Petitioners vs.

1 S.Rathinavelu 2 Ilamathi Rathinavelu 3 The Inspector General of Registration Santhome, Mylapore Chennai 600 004.

4 The District Registration (Administration) Department of Registration Jeenis Road Saidapet, Chennai 600 015.

5 The Sub Registrar Sub Registrar Office Adyar, Chennai 600 020.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 4th respondent to conduct the enquiry on the complaint No.3966 of 2014 dated 21.03.2014 after giving opportunities to parties and annul the registration of the Settlement Deed dated 473 of 2013 dated 22.02.2013 on the file of the Sub Registrar Officer, Adyar, Chennai20, if it is a fabricated document and forged Registration and to consequently direct the respondents 3 to 5 to initiate criminal action against respondents 1 and 2.

For Petitioners : Mr.G.Muniratnam For Respondents : Mr.P.B.Balaji for RR1 and 2 Mr.V.Jayaprakash Narayanan Special Government Pleader 3 to 5

ORDER

Heard Mr.G.Muniratnam, learned counsel for the petitioner, Mr.P.B.Balaji, learned counsel appearing for respondents 1 and 2 and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing on behalf of respondents 3 to 5.

2. It is submitted by the learned counsel for the petitioner that the complaint given by the petitioners to the Inspector General of Registration dated 20.01.2014 was forwarded to the District Registrar(Administration), the fourth respondent herein, who conducted an enquiry in the matter and both the parties, viz., the petitioners and the respondents 1 and 2 have attended the enquiry on 16.02.2015; however, no orders have been passed.

3. Learned counsel for the petitioners further submitted that the petitioners' application itself is only under Sections 82 and 83 of the Registration Act and it has got nothing to do with Circular No.67 dated 03.11.2011 issued by the third respondent.

4. In the light of the above said facts and since the petitioners as well as the respondents 1 and 2 have already attended an enquiry on 16.02.2015 based on the complaint given by the petitioners, the fourth respondent is directed to pass final orders as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order, without reference to the communication issued by the Inspector General of Registration dated 30.04.2014.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

To 1 The Inspector General of Registration Santhome, Mylapore Chennai 600 004.

2 The District Registration (Administration) Department of Registration Jeenis Road Saidapet, Chennai 600 015.

3 The Sub Registrar Sub Registrar Office Adyar, Chennai 600 020.

+1cc to M/s.P.B.Ramanujan, S.R.No.9708 dated 23/2/15 +2cc to Mr.G.Muniratnam,S.R.No.9616 dated 23/2/15 +1cc to Govt. pleader S.R.No.9986 dated 24/2/15 WP.No.12431 of 2014 AD(co) EU 25.2.2015