Dr.P.S.Vetriselvam v. The District Registrar (East)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.10.2017

CORAM

THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN W.P.No.219 of 2017 Dr.P.S.Vetriselvam [ Petitioner ] Vs 1.The District Registrar (East) Salem Town, Salem District 2.The Sub-Registrar Sub-Registrar's Office Peddanaickenpalayam Salem District 3.Mr.Jayapal 4.Mr.J.Velmurugan [Respondents] Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first and second respondents to consider the petitioner's complaint dated 30.11.2015 in accordance with Circular No.67 dated 03.11.2011 issued by the Inspector General of Registration, Chennai and conclude the enquiry within the time stipulated in the said circular.

For Petitioner : Mr.M.Vaidhiyanathan For Respondents : Mr.R.Vijayakumar, AGP for R1 to R2 Ms.D.Sathya for R3 and R4

O R D E R

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the first respondent to conduct a detailed enquiry on the basis of the complaint dated

30.11.2015, in accordance with Circular No.67 dated 03.11.2011, by way of issuing a writ of mandamus.

2.The learned counsel appearing for the petitioner has advanced his arguments on the basis of averments made in the petition.

3.The learned Additional Government Pleader has submitted a copy of the Circular dated 20.10.2017, issued by the Government of Tamil Nadu, wherein, it has been clearly stated that Circular No.67 dated 03.11.2011 has already been withdrawn. 4.The main relief sought in the writ petition is to direct the first respondent to conduct a detailed enquiry on the basis of the complaint dated 30.11.2015.

5. The learned counsel appearing for the third and fourth respondents has submitted to the effect that in respect of similar issue, a civil suit has been instituted in O.S.No.233 of 2016 on the file of the District Munsif, Athur. 6.Considering the fact that for similar issue O.S.No.233 of 2016 has been filed and the same is pending between the parties and also considering the fact that Circular No.67 dated 03.11.2011 has already been withdrawn, it is needless to say that the prayer sought in the writ petition has become infructuous.

6. In fine, the writ petition is dismissed as infructuous. No costs.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar

To 1.The District Registrar (East) Salem Town, Salem District 2.The Sub-Registrar Sub-Registrar's Office Peddanaickenpalayam Salem District + cc to Mr.Zeenath Begam, Advocate Sr.No.75453 + 1 cc to Mr.M.VAidhiyanathan, Advocate Sr.No. 75855 W.P.No.219 of 2017 CO(KK) RRI 20/11/2017